These petitions are under S.439 Cr.P.C. Petitioners/ accused in both the cases are accused of having committed offences punishable under S.20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short'the Act').

2. In Crl.M.C. 253 of 1993 the allegation against the petitioner is that he kept 8.5 Kgs. of Gajja in two bags in his almirah in his house on 30-8-1992 and was recovered by the Circle Inspector of Police, Adimali. The allegation against the petitioners in Crl.M.C. 267 of 1993 is that they were found holding packets containing ganja at 9.30 p.m. on 14-10-1992. Petitioner in Crl.M.C. 253/93 was arrested on 30-8-1992 and petitioners in Crl.M.C. 267/93 were arrested on 14-10-1992. It is alleged that ever after that the said petitioners are in custody. According to the petitioners, S.37 of the Act i:» not applicable to this case as the period fixed in the proviso to S.167(2) of the Cr.P.C. is over. Reliance was placed on the decision in Berlin Joseph Ravi and another v. State and others (1992 (1) KLT 514 (FB) =1992 (1) KLJ 369). It is also contended by them that, since S.37 is applicable only to cases where the minimum sentence is five years, and as