Is the offence punishable under Section 20(b)(ii)(A) a bailable or a non-bailable one ? This is the bone of contention in this application for bail.

2. The facts are simple. The first accused was allegedly involved in cultivation of ganja punishable under Section 20(1)(A) of the Act. He was apprehended. His statement was recorded. It was revealed that some time earlier, the first accused had sold to the petitioner and the petitioner had purchased 500 grams of dried ganja. The petitioner was also proceeded against. He was arrested on 11.2008. He continues in custody from that date.

3. The learned counsel for the petitioner submits that the offence under Section 20(b)(ii)(A) is bailable and the detention of the petitioner, who is willing to offer bail, is unjustified.

4. The learned Prosecutor, on the contrary, contends that Section 37 of the N.D.P.S. Act declares all offences under the N.D.P.S. Act to be non-bailable and therefore notwithstanding the fact that Section 37(1)(b) is not applicable, the offence continues to be a non-bailable offence and the Prosecutor is justified in opposing the application. The learned Prosecutor submits that the declaration that the offence