MD MUJIBAR MOLLA ALIAS KHOKAN Vs. STATE

JUDGEMENT

(1.) Since a Division Bench while dealing with an application under section 439 of the Code of Criminal Procedure (hereinafter referred to as the said Code) in respect of an offence punishable under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the said Act) felt:-

(2.) Their Lordships of the said Division Bench directed the matter be placed before the learned Chief Justice for constitution of a larger Bench. Pursuant thereof we have been asked to answer the said reference after formation of this Special Bench by the Hon'ble the Chief Justice.

(3.) The factual matrix germane for answering the reference in our view requires to be set out for profitable discussion.