ARIJIT PASAYAT, J.

( 1 ) THE ambience of S. 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'act') is the subject-matter of adjudication in these applications for bail. Point involved being of singular importance, learned counsel for the parties have made copious reference to various provisions of the Act, and have raised several interesting and important points for consideration.

( 2 ) CONTROVERSY revolves round the question whether the mandate contained in S. 37 to the effect that where a person is accused of an offence punishable for a term of imprisonment of five years or more under the Act, he shall not be released on bail or on his own bond, unless 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, is applicable to the cases covered u/ S. 20 (b) (i) of the Act. According to learned counsel for petitioners, restrictions imposed by S. 37 (b) (ii) do not apply to the cases covered u/ S. 20 (b) (i ). It is submitted that S. 37 (b) (ii) is intended to be applied in cases of sentence where minimum sentence is five years, and not to cases like S. 20 (b) (i) where maximum sentence is five years. According to learned counsel for State, since any contravention u/ S. 20 (b) (i) also attracts a punishment of five years, provisions of S. 37 (b) (ii) also apply.

( 3 ) FOR resolution of dispute, it would be necessary to quote the relevant portions of S. 20 (b) (i) and 37 (b) (ii ). Section 20 (b) (i ). "20. Punishment for contravention in relation to cannabis plant and cannabis - Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,- (a) ****** (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable - (i) where such contravention relates to ganja or the cultivation of cannabis plant, with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees; (ii) ****** section 37 (b) (ii ). "37. Offences to be cognizable and non-bailable - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),- (a) **** (b) no person accused of an offence punishable for a term of imprisonment of five years or more under this Act shall be released on bail or on his own bond unless - (i) **** (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) *******".

( 4 ) CHAPTER IV of the Act deals with offences and penalties. We are concerned with cases where punishment prescribed is five years or more. Ss. 15,16,17,18,19,21,22,23,24,25 and 27 (a) of the Act prescribe for punishment of minimum ten years. S. 20 deals with two types of punishments. Where contravention relates to ganja or cultivation of cannabis plant, punishment extends to five years; whereas for contraventions relating to cannabis other than ganja, minimum term prescribed is ten years. Similarly, punishment prescribed u/ Ss. 26 and 27 is less than five years. U/ S. 28, whoever attempts to commit any offence punishable under Chapter IV or to cause such offence to be committed and in such attempt does any act towards the commission of offence, attracts punishment provided for offence itself. Similar punishment is provided for abetment u / S. 29. U/ S. 30, if any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of S. 15 to S. 25 and from the circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the offence, but had been prevented by circumstances independent of his will, he shall