SANJAY KUMAR KEDIA ALIAS SANJAY KEDIA Vs. STATE

JUDGEMENT

(1.) TWO orders passed by the learned Judge, Special Court, Barasat (hereinafter referred to as the "learned Trial Court") under the Narcotic drugs and Psychotropic Substances Act (hereinafter referred to as the "said act") on 30. 01. 2008 and 13. 02. 2008 in Case No. 23 of 2007 has paved the way for the petitioner to file these two applications.

(2.) WHILE C. R. R. No. 765 of 2008 relates to an order dated 13. 02. 2008, in c. R. R. No. 411 of 2008 the subject-matter for decision is the order passed on 30. 01. 2008.

(3.) INITIALLY, both these applications styled under section 397/401 read with section 482 of the Code of Criminal Procedure were moved before a learned Single Judge of this Court. In course of hearing of the same, the learned Senior Counsel for the Narcotic Control Bureau (hereinafter referred to as the "bureau") and the Counsel for the State of West Bengal raised a preliminary objection that the issue involved in these applications would, ultimately, impinge on the question of bail, which determination was not available before the learned Single Judge while dealing with an application in connection with the NDPS case.