The main legal point established in the judgment is the strict interpretation and applicability of the provisions of the N.D.P.S. Act in the State of J&K, emphasizing that the provisions must be read as enacted without any addition or alteration.

1. 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 com

mission 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 Act 1985, which is a Central Act and is applicable to

the State of Jammu and 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 the cognisable 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 27 A and also for offences involving commercial quantity shall be released on bail or on his own bond unless; (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

2. The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973(2 of 1974), or any other law for the time being in force on granting of bail."

3. From the bare perusal of section 37 it is manifest that the exercise of power to grant of

bail by the Special Judge is not only subject to the limitations prescribed by Sec. 439 of Central

Cr.P.C. but is also subject to the limitations prescribed by Sec. 37 which opens with non-obstante clause. Under Sec. 37 of the Act bail to an accused, who is alleged to have committed an offence under section 19,24 or 27 A and also for offences involving commercial quantity cannot be granted unless the two conditions enumerated in the section are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application and second that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, bail cannot be granted. Since the limitation for grant of bail regarding satisfaction of the aforesaid two conditions is in addition to the limitations under the Code of Criminal Procedure, applicability of proviso to section 167(2) Cr.P.C. cannot be excluded.

4. For applying section 167(2) a special provision has also been enacted in section 36-A

of the Act which reads as follows: -

36-A. Offences triable by Special Courts - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), --

(a) all the offences under this Act which are punisliable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area by such one of them as may be specified in this behalf by the Government.

(b) Where a person accused of or suspected of the commission of an offence under this act is forwarded to a Magistrate under sub-section (2) or sub-section (2 A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorize the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole if such Magistrate is an Executive Magistrate;

Provided that in cases which are triable by the Special Court, where such Magistrat