AMAR SARAN, R.K.RASTOGI, J. - (1.) THIS is an appeal against the judgment and order dated 14.3.2005 passed by Sri Subhash Chandra Mangla then learned Special Judge (N.D.P.S. Act), Kanpur Nagar in S.T. No. 222/2003, State v. Shiv Sagar alias Lotan convicting the accused appellant under sections 20(B)(ii)(c) of N.D.P.S. Act and sentencing him to 12 years' R.I. and to a fine of Rs. 1,00,000/- ( Rupees one lac).
(2.) THIS appeal was entertained by Hon'ble Single Judge of the Court and was also listed for hearing before the Hon'ble Single Judge. On 7.7.2008 Hon'ble (Mrs.) M. Chaud­hary, J passed an order to the following effect; "This appeal is cognizable by the Divi­sion Bench. List before appropriate Bench." In pursuance of the above order this appeal has been listed before this Di­vision Bench for hearing today.
(3.) LEARNED A.G.A. submitted before us that only those criminal appeals in which the orders for death sentence or life imprisonment have been passed are cogni­zable by a Division Bench and since in the present case the order of imprisonment of 12 years only has been passed, it is not cognizable by a Division Bench and this appeal is within the jurisdiction of Hon'ble Single Judge. Rule 2 of Chapter-V of the Allahabad High Court Rules (hereinafter referred to as Rules) provides jurisdiction of a Single Judge. Its relevant portions are as under : 2. Jurisdiction of a Single Judge :- Except as provided by these Rules or other law the following cases shall be heard and disposed of by a Judge sitting alone namely : (vii) a criminal appeal, application or reference except- (a) an appeal or reference in a case in which a sentence of death or im­prisonment for the life has been passed; (b) an appeal under section 378 of the Code of Criminal Procedure ,1973 from an order of acquittal in re­spect of an offence for which the maximum punishment is either life imprisonment or death; (c) .......... (d) a case in which notice has been is­sued under section 401 of the Code of Criminal Procedure, 1973 to an accused person to appear and show cause why his sentence should not be enhanced; (e) ......... (f) an application to which Chapter XXI, Part IV applies; (viii) a case coming before the Court in the exercise of its ordinary or extraordinary original criminal ju­risdiction : (ix) an appeal or revision from an or­der passed under sections 340, 341 or 343 of the Code of Criminal Pro­cedure, 1973 : Provided that- (a) the Chief Justice may direct that any case or class of cases which may be heard by a Judge sitting alone shall be heard by a Bench of two or more Judges or that any case or class of cases which may be heard by a Bench of two or more Judges by a Judge sitting alone......" ;