1. These two criminal miscellaneous applications have been referred to Division Bench for consideration. The questions that arise for consideration are as. to whether in spite of the limitation imposed under Sec. 37(l)(b) of the Narcotic Drugs and Psychotropic Substance Act, 1961 (hereinafter to be referred to as the said Act) with regard to grant of bail an accused who is booked under Sec. 20 of the Act is entitled to bail if the stringent measures and formalities incorporated in the Act for arrest and seizure is not literally complied.

2. It is now settled by the decision of the Supreme Court in Narcotics Control Bureau V/s. Kishan Lall, that provision of Sec. 37 of the said Act being in negative terms limiting the scope of applicability of the provision of the Code of Criminal Procedure regarding bail, the power of the High Court under Sec. 439, Cr. P. C. are circumscribed by Sec. 37 of the Act. The Supreme Court had no occasion to consider the question whether breach of various safeguard provided in the Act in the matter of arrest etc. will render the arrest non est entitling the detenu to bail. This aspect of the matter has been considered by several High Courts.

3. Th