Krishna Kumar Patal vs The State Of West Bengal
2022 Latest Caselaw 5427 Cal

12.08. 2022 item No.21 n.b.

ct. no. 34 CRA 189 of 2017 With IA No. CRAN 2 of 2021(not found)

Krishna Kumar Patal Vs.

The State of West Bengal

Mr. Sabyasachi Benerjee, Mr. Arnab Saha, Mr. Abhimanyu Banerjee, Ms. Nahid Ahmed .....for the appellant.

Mr. Saswata Gopal Mukherjee, P.P., Mr. Sandip Chakraborty, Mr. Saryati Datta, .....for the State

Mr. Banerjee, learned advocate appears on behalf of

the appellant and submits his written notes of arguments along

with the list of judgments which he intends to rely upon.

Mr. Saryati Datta, learned advocate appears on behalf

of the State.

In course of hearing similar nature of appeals

conflicting decisions of this Court has been brought to the

notice by the State. The word 'traffics' used in Section 489B of

the IPC and word 'possession' used in Section 489C of the IPC

were considered by Division Bench of this Court in different

appeals. There are conflicting judgments on the issue. Before

proceeding in respect of the merits of the case, this Court is of

the opinion that the aforesaid issues should be addressed.

Accordingly, let the matter appear under the heading

"For Orders" on August 26, 2022.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)