1. Whether the powers, which can be exercised by the Sessions Court under S. 439(2) Cr. P.C. and the powers which can be exercised by the High Court under S. 439(2) Cr. P.C. are the same?

1) Whether, under the guise of powers under S. 439(2) Cr. P.C. the Sessions Court, or under S. 437(5) Cr. P.C. a court of a Magistrate, can review its orders granting bail?

2) Can the grounds for inviting the intervention of Sessions Court and the High Court under S. 439(2) Cr. P.C. be the same, as those available to challenge the validity of an order granting bail?

3) What are the matters to be considered for enlarging an accused on bail under S. 37(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act')?

Alleging that the application for bail in an NDPS case filed as Crl. M.P. No. 1455/2015 was allowed by the learned Additional Sessions Judge-VIII, Ernakulam, without giving an opportunity of being heard to the Special Public Prosecutor for the 'Narcotic Control Bureau'(hereinafter referred to as 'the NCB'), thereby totally disregarding the mandatory procedure contemplated under S. 37(1)(b)(i) of the NDPS Act, the NCB had approached the said court under S. 439(2) Cr. P.C. through Crl. M.P. No. 1560/15 in S.C. No. 357/15, seeking the cancellation of bail. Through Annexure A2 order in Crl. M.C. No. 5210/15, the court below dismissed the said Crl. M.P. Presently, the NCB has approached this Court, challenging the said order through Crl. M.C. No. 5210/15. Sessions Case No. 357/2015 is pending for the offence punishable under S. 8(c) read with Ss. 21(c), 23(c), 25, 28 and29 of the NDPS Act. The same has arisen from O.R. No. 5/2014 registered by the NCB, Sub Zone, Kochi.

2. Similarly, A1 to A4 in S.C. No. 338/15 were granted bail by the Additional Sessions Court-VII, Ernakulam, allegedly, without giving an opportunity of being heard to the Special Public Prosecutor for NCB, thereby totally disregarding the mandatory procedure under S. 37(1)(b)(i) of the NDPS Act. A1 and A4 were enlarged on bail through Crl. M.P. No. 1477/15, and A2 and A3 were enlarged on bail through Crl. M.P. No. 1454/15. Challenging those orders, Crl. M.P. No. 1497/15 and Crl. M.P. No. 1498/15 were filed by the NCB, before the court below, under S. 439(2) Cr. P.C. seeking the cancellation of bail. Through common order dated 04.08.2015, the court below allowed Crl. M.P. No. 1497/15 and Crl. M.P. No. 1498/15. Challenging the said order, the said accused persons have filed Crl. M.C. No. 5095/15. Sessions Case No. 338/2015 has arisen from O.R. No. 4/2014, for the offence under S. 8(c) read with Ss. 21(c), 23(c), 27A, 28 and 29 of the NDPS Act.

3. The Additional Sessions Court-VIII, Ernakulam granted bail to the 3rd accused in S.C. No. 357/15 through the order in Crl. M.P. No. 1709/15. It is by challenging the said order, the NCB has approached this Court through Crl. M.C. No. 6222/15 under S. 439(2) Cr. P.C. read with S. 482 Cr. P.C.

4. The 2nd Additional Sessions Court, granted bail to the 3rd accused in S.C. No. 337/15 through Annexure A3 in Crl. M.C. No. 4917/15. The NCB has approached this Court by challenging the said order under S. 439(2) Cr. P.C. read with S. 482 Cr. P.C. Sessions Case No. 337/2015 has arisen from O.R. No. 2/2014, for the offence under S. 8(c) read with Sections 21(c), 23(c), 27A, 28 and 29 of the NDPS Act.

5. According to the NCB, A1 and A3 in Sessions Case No. 357/2015 were granted bail by the court below through Crl. M.P. No. 1455/2015, without giving an opportunity of being heard to the Special Prosecutor of the NCB and even without serving copies on the NCB. Similarly, the court below has granted bail to A1 and A4 in Sessions Case No. 338/2015 through Crl. M.P. No. 1477/2015, even without serving a copy of that petition on the NCB and without hearing the Special Prosecutor of the NCB.

6. Courts below have granted bail to the 3rd accused in S.C. No. 357/15, and to the 3rd accused in Sessions Case No. 33