Harun Sk vs The State Of West Bengal
2023 Latest Caselaw 3135 Cal

 D/L59                               C.R.R. No.2460 of 2021
02.05.2023

Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India;

Harun Sk Versus The State of West Bengal

Mr. M. Mukherjee, Mr. Dipanjan Dutt, Mr. Avinaba Patra.

...for the petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.

...for the State.

The subject matter of challenge in the revisional

application relates to the extension of period of time which was not

in consonance with the provisions of Sections 36-A(4) of the NDPS

Act.

Considering that the final outcome on the issue will

result in bail being granted or refused to the petitioner, I am of the

opinion that the point of grievance must be canvassed before the

Division Bench of this Court having determination.

Reliance has been placed on some judgments of the

single Judge of this Court.

However, considering the orders under challenge, I am

unable to accept that a single Bench is entitled to take up an

application challenging the order which may result in an outcome

whose powers are vested with the Division Bench.

Thus, the matter is directed to go out of my list.

Learned Registrar (Information Technology), High Court,

Calcutta will pass directions for renumbering the present

application for being considered as bail application before the

Division Bench having determination under Section 439 of the Code

of Criminal Procedure.

Steps be immediately taken so that the records of this

case be placed before the Learned Registrar (Information

Technology), High Court, Calcutta.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)