1. "BAIL" or "JAIL" is a point prone to produce perplexity at times in Bail-Court and obfuscation becomes more operative when it is a case under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') providing additional limitations under section 37 of the Act. Eventually, the answer depends on judicial discretion which, as stated by Lord Mansfield in classic terms in John Wilkes Case (1770) 4 Burre 2528, should be governed by law and guided by rules, not by humour. In scheme of things there is nothing like unfettered discretion because, as observed by Benjamin Cardozo in elegant words "The Judge, even when he is free, is still not wholly free. He is not to innovate at pleasure".

2. With this preludial point, I come to case on hand which has done full circle in that from one Single Judge it is back to another Single Judge. The applicant, lugge and locked in a case under sections 8/18 and 21 of the Act registered by Police Station Sanyogitaganj, Indore, filed third application for restoration of liberty under section 439 of the Code of Criminal Procedure, 1973 (for short 'the Code') on the fulcrum that co-accused Haider secured his release on bail subsequentl