The present request of the petitioner is to extend the benefit under the first proviso to Section 436(1) Cr.P.C. to him by treating him as an indigent person for the purpose of the proviso.

2. The petitioner is the accused in Crime No.36 of 2015 of the Excise Enforcement and Anti Narcotic Special Squad, Ernakulam, registered for the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985. As he was found in possession of a small quantity of ganja, the petitioner was placed under arrest on 06.12.2015. Still, he is undergoing detention.

3. The crux of the matter is whether the offence under Section 20(b)(ii)(A) is a bailable offence or not? Going by the caption of Section 37 of the N.D.P.S. Act, at the first blush, it may appear that all the offences under the N.D.P.S. Act are non bailable and cognizable. At the same time, Section 37(1)(a) says that every offence punishable under that Act shall be cognizable. There, the legislature has not incorporated the term 'non bailable' also. The caption of the Section should precisely be one representing the contents of the Section. When the detailed provision contained under Section 37 of the Act d