JUDGMENT :

(Partha Sarathi Sen, J.) :

1. The instant case as arises out of an application under Section 439 of the Code of Criminal Procedure, 1973, is taken up for passing judgement.

2. In course of hearing learned advocate for the accused-petitioner at the very outset draws our attention to page no.21 and page no.24 of the instant bail application being photocopy of the seizure list dated 03.02.2022 showing recovery of commercial quantity of contraband articles from the possession of the present accused-petitioner and a photocopy of the memo of arrest dated 03.02.2022 in the name of the present accused petitioner. Attention of this Court is also drawn to Section 36 C and Section 37 of the NDPS Act, 1985.

3. It is contended on behalf of the petitioner that on perusal of the aforesaid two sections it would appear that the provisions of Cr.P.C including the provisions of bail and bonds shall apply to the proceedings under the NDPS Act, 1985 and the offences under the aforesaid Act are cognizable in nature. Drawing attention to a photocopy of the seizure list and a photocopy of the memo of arrest as has been annexed with the instant bail application it is contended that in the instant