SHAMSUDDIN AHMED, J, J.

( 1 ) THIS is an application for bail under section 439 of the Criminal Procedure Code. An application for bail by the petitioner was filed before the learned Chief Judge, City Sessions Court and was rejected by an order dated 28-5-1990. In the said impugned order the learned Judge held that the provisions of section 167 of the Criminal Procedure Code arc not attracted in a case under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and further held that provisions of section 37 of the NDPS Act have imposed limitations on the court for granting bail and accordingly considering the limitations imposed, the learned Judge was pleased to reject that application.

( 2 ) MR. Jaiswal, learned Advocate appearing for the petitioner, has submitted that since the petitioner is being detained in custody for more than ninety days and no charge-sheet has been filed, he is entitled to the benefit of section 167 of the Criminal Procedure Code. Mr. Jaiswal has relied on a decision. In the said decision the Supreme Court had occasion to consider a case if benefits of section 167 (2) of the Criminal Procedure Code

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