- (1.) IN the instant criminal revisional application the present petitioner challenged an order passed by the learned Additional Sessions Judge, 6th court, Barasat, whereby the Learned Judge rejected his application under Section 167 (2) of the Code of Criminal Procedure, read with Section 36a (4) of the Narcotic Drugs and Psychotropic Substances Act and rejecting his prayer for bail relating to the offences punishable under Sections 24/29/30/ 38 of the Narcotic Drugs and Psychotropic substances Act.
(2.) AT the very outset the Learned Counsel, sri Biswa Ranjan Ghoshal, appearing on behalf of the Narcotic Control Bureau, the opposite party no. 1 raised a preliminary objection and submitted this court sitting singly has no determination to entertain this criminal revisional application. He draws the attention of this court to the prayer portion of this application and pointed out that a relief has been sought for release of the petitioner on bail. He fur-ther submitted since this court sitting singly has no determination to consider a prayer for bail in connection with any offence which is punishable with an imprisonment exceeding seven years, thus the instant criminal revision cannot be entertained. He further submitted if this application succeeds then obviously that would lead to release of the petitioner on bail in connection with offences which is punishable with imprisonment exceeding seven years. i
(3.) MR. Joy Sengupta, Learned Counsel, appearing on behalf of the State, also supports the submissions of of Mr. Ghoshal and stressing the submissions of Mr. Ghoshal, referred and relied on two decisions, namely, one in the case of State of Gujarat v. Salimbhai Abdulgaffar Shaikh and Ors. and another in the case of State of West Bengal and Ors. v. Sumer Jain a decision of a division Bench of this court and also submitted, sitting singly, this court cannot decide the issue.;