Honble TIBREWAL, J.—In all these bail applications under Section 439, Cr.P.C. important questions of law of general importance have been raised, which also involve interpretation of Sections 36-A and 37 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (In short, The Act or NDPS Act). The questions may be formulated as under: —

1. Whether under the proviso (a) to Sec. 167 (2) of the Code of Criminal Procedure an accused can claim bail as of right if charge-sheet is not filed after completion of investigation within 90/60 days?

2. If so, whether the right can be claimed even after the filing of charge sheet?

3. Whether provisions of S. 37 of NDPS Act over-ride sub-section (2) of S. 167 of the Code of Criminal-Procedure, 1973, and bail cannot be granted unless conditions contained in clause (i) & (ii) of S. 37 (1) (b) are satisfied?

(2) In all the three bail applications the accused-persons were arrested under S. 8/18 and 8/19 NDPS Act but cognizance by the Special Judge was taken after 90 days of their arrest.

(3) The main contentions of the learned counsel for the petitioners are that a Judicial Magistrate can grant remand not exceeding 15 days in the whole, when a person accuse

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