Honble LAKSHMANAN, CJ.–In view of the conflicting judgments of this Court in Bhimsen vs. State of Rajasthan (1) and Kunj Bihari Lal and Jagdish vs. State of Rajasthan (2), an order was passed on 3.12.1993 in S.B. Criminal Misc. Petition No. 114/93 by Honble Mr. Justice A.K. Mathur (as he then was) referring the matter to the larger bench to resolve the controversy as to whether Sec. 67 of the Rajasthan Excise Act shall prevail as against Sec. 468 Cr.P.C. or not.

(2). The above criminal misc. petition was listed before a Division Bench of this Court which dismissed the matter on 14.2.2001. Thus, the controversy referred by Honble Mr. Justice A.K. Mathur could not be resolved.

(3). A similar controversy is also involved in S.B. Criminal Revision No. 203/2001 which came up for hearing before Honble Mr. Justice N.P. Gupta on 7.5.2001. Adopting the reasoning in the reference order dated 3.12.1993 in S.B. Criminal Misc. Petition No. 114/93, the learned Judge has directed this matter to be placed before the Chief Justice for constituting a larger bench.

(4). When the matter was placed before the Chief Justice, it was placed before regular D.B. and that is how this matter has come up before t

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