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

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

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

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

2. Alleging that the application for bail in an NDPS case filed as Crl. M.P. No. 1455 of 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 Section 37(1)(b) (i) of the NDPS Act, the NCB had approached the said court under Section 439(2), Cr. P.C. through Crl. M.P. No. 1560 of 2015 in S.C. No. 357 of 2015, seeking the cancellation of bail. Through Annexure A2 order in Crl. M.C. No. 5210 of 2015, 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 of 2015. Sessions Case No. 357/2015 is pending for the offence punishable under Section 8(c) read with Sections 21(c), 23(c), 25, 28 and 29 of the NDPS Act. The same has arisen from O.R. No. 5 of 2014 registered by the NCB, Sub-Zone, Kochi.

3. Similarly, A1 to A4 in S.C. No. 338 of 2015 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 Section 37(1) (b) (i) of the NDPS Act. A1 and A4 were enlarged on bail through Crl. M.P. No. 1477 of 2015, and A2 and A3 were enlarged on bail through Crl. M.P. No. 1454 of 2015. Challenging those orders, Crl. M.P. No. 1497 of 2015 and Crl. M.P. No. 1498 of 2015 were filed by the NCB, before the court below, under Section 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 of 2015 and Crl. M.P. No. 1498 of 2015. Challenging the said order, the said accused persons have filed Crl. M.C. No. 5095 of 2015. Sessions Case No. 338 of 2015 has arisen from O.R. No. 4 of 2014, for the offence under Section 8 (c) read with Sections 21(c), 23(c), 27A, 28 and 29 of the NDPS Act.

4. The Additional Sessions Court-VIII, Ernakulam granted bail to the 3rd accused in S.C. No. 357 of 15 through the order in Crl. M.P. No. 1709 of 15. It is by challenging the said order, the NCB has approached this Court through Crl. M.C. No. 6222 of 2015 under Section 439(2), Cr. P.C. read with Section 482, Cr. P.C.

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

6. 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 of 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 cop