IMPORTANT POINT
Appeal under Act 2008 is to be heard by Division Bench of High Court.

Order

1. Heard Mr Luthra, learned Additional Solicitor General in support of these petitions and Mr Pradeep Kumar Mittal, learned counsel appearing for the second respondent.

2. The only issue raised in these petitions is that in view of the provisions of Section 21 of the National Investigation Agency Act, 2008, the matters in the High Court ought to have been heard by a Division Bench and not by a Single Judge. The submission made by the learned Additional Solicitor General is based on the provision of sub-section (2) of Section 21, which is a statutory requirement. That being so, the order passed by the High Courts deserves to be set aside Mohd. Hussain v. State of A.P., Criminal Petition No. 6562 of 2012, order dated 7-9-2012 (AP), Ravi Dhiren Ghosh v. State of Maharashtra, Criminal Bail Application No. 1063 of 2012, order dated 29-10-2012 (Bom) and the proceedings, namely, Crl. P. No. 6562 of 2012 in the High Court of Andhra Pradesh and Criminal Bail Application No. 1063 of 2012 in the Bombay High Court, will have to be restored to the Division Bench of the respective High Courts. Ordered accordingly.

3. We are informed that in both the cases, the respondents are in custody. We, therefore, request both the High Courts to take up their applications and decide them at the earliest, preferably within eight weeks from the date of receipt of this order.

4. With these observations, both these special leave petitions are disposed of.