ASIS KUMAR SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) It is not necessary to answer the reference for two reasons.

(2.) In the first place, there is already a three-Judge Bench decision, namely, U.D. Lama and Ors. v. State of Sikkim and Ors, 1997 1 SCC 111 on the issue referred by the two-Judge Bench. In U.D. Lama : (1997) 1 SCC 111, this Court held in paragraphs 20 and 21 of the report as follows:

(3.) We are in respectful agreement with the legal position exposited in U.D. Lama : (1997) 1 SCC 111.