Ashim Kumar Banerjee, J.

I have read the well-versed lucid judgment of My Lord the Hon’ble Mr. Justice Debangsu Basak. His Lordship not only dealt with each and every aspect that the learned Counsel appearing for the parties as well as the Amicus Curiae highlighted but also dealt with all the precedents relevant on the subject and ultimately answered the query that in my view, is accurate and would deserve no disagreement on any score. At the risk of repetition, may I add a few lines.

The precedents cited at the bar already dealt with an identical issue while considering the provisions of Section 12AC of the Essential Communities Act 1955 as amended by the Essential Commodities (Special Provisions) Act 1981. The said provision is Para-materia with Section 36 of the NDPS Act. The precedent (Pijush Kanti Dey (supra)) would answer the identical query and hold, power under Section 438 could be exercised by the Special Court constituted under the said Act of 1955.Section 37(1) of NDPS Act 1985 was Para material, however, distinction is sought to be raised as Section 37(1) although made a restriction on certain offences under said Act of 1985 outside the scope of release of t