ANJAN KUMAR BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let rule nisi issue.

(2.) Mr Saurabh Mishra, Advocate, accepts notice on behalf of Respondents 1 to 3. Mr Sundaram, the learned Senior Counsel appearing on behalf of All Bengal Excise Licensees' Association and North 24 Parganas Excise Licensees Association intervenes. On his oral prayer these two Associations are directed to be impleaded as parties. The cause-title may appropriately be amended. Mr Ashutosh Dubey, Advocate appearing on behalf of Mr P.N. Puri, Advocate-on-Record undertakes to file vakalatnama for the said impleaded parties. Dasti service, in addition, is permitted. Liberty to mention.

(3.) Keeping in view the apparent conflict in the judgment of this Court dated 21-1-2009 passed by this Court in Asit Kumar Kar v. State of W.B., 2009 2 SCC 703 and a decision of another Division Bench of this Court in Shaukat Hussain Guru v. State (NCT of Delhi), 2008 6 SCC 776 in the light of a Constitution Bench decision of this Court in Shivdeo Singh v. State of Punjab, 1963 AIR(SC) 1909, in our opinion, the matter should be considered by a larger Bench.