S.K.Chattopadhyaya, J.

1. The question in this case is to be decided as to whether the restrictions placed on the powers of the Court to grant bail in certain offences under the amended Sec. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (herinafter described as NDPS Act for short), are applicable to the High Court while exercising its power under Sec. 439 of the Code of Criminal Procedure (for brevity the Code).

2. The petitioner was arrested in Mohania P.S. Case No. 124 of 1993 on the basis of an FIR registered under Secs. 8, 17 and 21 of the NDPS Act. On a confidential report, the officer-in-charge of Mohania Police Station conducted a raid along with the Raiding Party and arrested the petitioner along with 11 other persons named in the FIR recovered several quantities of heroin from all those arrested persons. It is alleged in the FIR that on seeing the Raiding Party, the persons who were either purchasing, selling or consuming heroin wanted to flee away but 12 persons were arrested on the spot. The petitioner was among those 12 arrested persons and from whose possession three purias of Heroin measuring about one gram was recovered.

3. The petitioner mov