Dr. T.N. Singh, J. -- 1. This Reference is made by one of us (S.K. Dubey, J.) while hearing third hail application of the accused/applicant, arrested in connection with an offence under section 8/18, the Narcotic Drugs and Psychotropic Substances Act, 1985, for short, the 'Act', or NDPS Act. After hearing counsel, we framed following two questions which arise for our consideration in the facts and circumstances of the case:

1. If for offence under section 18, NDPS Act, charge-sheet is riled 90 days after the arrest of the accused whether the latter will, as of right, he entitled to get hail from High Court?

2. Under what circumstances, the High Court or the "Special Court" can grant hail under section 37, NDPS Act, to a person accused or an offence under section 18 of the said Act if plea is raised by the accused in terms of section 50 of the said Act?

2. On 8.8.1991, the accused was apprehended while travelling in a bus with an attache case, on Agra-Bombay Road, near Shivpuri. From his possession, 5,100 gms. of opium, found kept in the attache case, was seized by the officers of the Narcotics Department. On chemical analysis at Neemuch Laboratory, the identity or the seized art