Whether the provisions of Section 167 of J&K Code of Criminal Procedure Svt. 1989 can be applied for considering the question of bail to an accused who is in custody of police for commission of offences under Narcotic Drugs and Psychotropic Act, 1985,(hereinafter referred to as the Act), on account of default of the investigating agency in presenting the charge sheet in the court? is the question arising for consideration in this revision petition.

2. Narcotic Drugs and Psychotropic Substances Act 1985, which is a Central Act and is applicable to the State of Jammu & Kashmir, also contains a special provision for regulating the grant of bail, regarding commission of offences under the Act. Section 37 of the Act reads as follows:-

"37.Offences to be cognizable and non-bailable-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)--

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond u less;

@L3 = (i)

@L4 = the Public Prosecutor has