SHARMA, J.—Learned Single Judge (Honble N.L. Tibrewal J.) has made a reference to the larger Bench as follows :

"(1) Whether an accused facing trial of an offence punishable for a term of imprisonment, for five years and more under the NDPS Act can be released on bail by the Special Court or the High Court on the ground of delay in the trial inspite of the limitations prescribed by S. 37(l)(b) of the Act ?

(ii) If question No. 1 is decided in the affirmative then what should be the guidelines in granting bail ?"

(2). Before we proceed to deal with the aforesaid questions, we would like to observe that the same learned Judge in another case Bherulal V. State of Rajasthan S.B. Cr. Misc. IVth Bail Application No. 4252/91 decided on January 10, 1992 had allowed bail in a case where the accused was charged of being in possession of 90 Kg. opium and he was in custody for last 21 months. But so far as the present case is concerned, it is a case where the accused petitioner is said to have been found in possession of 10.8 Kg. opium and was in custody for more than 22 months for which the learned Judge has made a reference of the aforesaid questions to this court. Learned Judge, therefore, was

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