1. Menace of trade and use of Narcotic drugs and Psychotropic substances has given rise to special piece of legislation, whereunder more stringent punishments have been pre scribed. Discretionary powers exercisable viz-a-viz the connected offenders have been curtailed. Fetters have been imposed on the exercise of discretionary power as ordained by Section- 37 of the NDPS Act. What emerges there from is that the matters pertaining to the commission of offences punishable under the Provisions of NDPS Act are to be dealt with in the background of the social good. Interests of the society are to be safeguarded against the evil repercussions of the Narcotic drugs.

2. Earlier Section-37 of the NDPS Act took into its sweep all offences punishable under the Act, but now pursuant to amendment operation of Section-37 of the Act has been limited in its operation only to such offences which are punishable under Section-19, Section-24, Section- 27(A) and all offences involving commercial quantity of the Narcotics. The fetters imposed by Section-37 of the Act are applicable only under said position of the case. If the case does not fall within the scope of Section-37, then grantor refusal of the

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