K.A.Abdul Gafoor, J.: In all cases, the applicants the accused in Crime Nos.164, 182 and 214 of 2003 of Mattanchery Police Station or Thoppumpady Police Station, as the case may be, registered under Sec.22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter referred to as ‘the Act’) had been found possessing ‘Tidigesic’, a preparation of Buprenorphine, in excess of the commercial quantity made mention of against item No. 169 in S.O.1055(E), dated 19th October, 2001 issued by the Union of India, as empowered under Sec.2(viia) and (xxiiia). One among the applications was found to be in possession of 64 ampoules of the said substance; another one possessing 120 ampoules and the remaining one possessing 15 ampoules. The learned Sessions Judge, Ernakulam, as no Special Court is constituted under the Act for the said area, considered their applications and declined to grant bail. Thereupon, bail applications have been filed before this Court. When the applications came up for consideration before a learned single Judge, the matter has been referred for consideration of the following points by a Bench:

(1) Whether the offences which are punishable with imprisonment

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