Petition under S. 167(2)(a)(ii) and under S. 439 of Criminal Procedure Code for bail.

2. For possession of 30 kilograms of ganja which is an offence punishable under S. 20(b) of N.D.P.S. Act, the petitioner was arrested on 3-4-91. Since then he is in jail. More than 60 days have passed and till now complaint has not been filed. Hence the petitioner prays that he should be released under S. 167(2) Criminal Procedure Code.

3. Mr. T. Sudanthiram, the learned counsel appearing for the petitioners contended that the petitioners were arrested on 3-4-91 for offence punishable under S. 20(b) of N.D.P.S. Act for alleged possession of 30 kilograms of ganja that more then 60 days have passed and charge-sheet was not yet laid and hence under S. 167(2)(a)(ii) Criminal Procedure Code, the petitioners are entitled to bail.

4. Per contra, Mr. M. P. Rajamanickam, the learned Public Prosecutor, contended that petitioners have no absolute right to get bail under S. 167(2)(ii) Criminal Procedure Code, in this case since the petitioners were allegedly in possession of 30 kilograms of ganja and hence are liable to be punished under S. 20(b) of N.D.P.S. Act and the punishment is rigorous impriso