Honble SAXENA, — This bail application has been referred to the Division Bench as the vires of Section 37(1)(b) of the Narcotic Drugs & Psychotropic Substances Act,1985 (hereinafter referred to as the Act) has been challenged.

(2). Succinctly stated, the relevant facts are that on receiving a telephonic information, the Dy.S.P., Shahpura District-Bhilwara made a search on the person of Smt.Sosar and it is alleged that from her possession 2.6 kg. of opium was recovered in four packets concealed inside her petticoat(Ghaghra) and for the possession/ transportation thereof she had no licence. Accordingly she was arrested for the offence punishable under section 8/18 of the Act. The learned Special Judge, N.D.P.S. Act Cases, Bhilwara by his order dated 7.10.93 has rejected her bail application.

(3). We have heard Shri M.M.Singhvi, the learned counsel for the petitioner and Dr. S.S. Bhandawat, the learned Additional Advocate General for the State at length and carefully perused the relevant record.

(4). Shri.M.M.Singhvi has strenuously contended that the provisions of section 37 of the Act can not over-ride the provisions of the proviso to section 437(1), Cr.P.C, which specfically lays down

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