AMIT TALUKDAR, J.

( 1 ) SINCE a Division Bench while dealing with an application under section 439 of the Code of Criminal Procedure (hereinafter referred to as the said Code) in respect of an offence punishable under section 21 of the Narcotic drugs and Psychotropic Substances Act, 1985 (for short, the said Act) felt:-"whether the restrictions/limitations imposed by or under section 37 of the ndps Act upon the power of the Court to grant bail are also applicable to an offence in relation to ganja etc. made punishable 20 (i) under section thereof?"

( 2 ) THEIR Lordships of the said Division Bench directed the matter be placed before the learned Chief Justice for constitution of a larger Bench. Pursuant thereof we have been asked to answer the said reference after formation of this special Bench by the Hon'ble the Chief Justice.

( 3 ) THE factual matrix germane for answering the reference in our view requires to be set out for profitable discussion.

( 4 ) CONSEQUENT to submission of the chargesheet in respect of the offence of section 21 of the said Act against the petitioners cognizance was taken by the learned Special Court (under the said Act), Barasat and prayer for bail was

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