JUDGMENT : 1. Special leave granted. 2. We have, by a separate judgment pronounced today, allowed Civil Appeal 4195 of 1994 State of West Bengal & Others v. Monirujjaman Mullick & Others, 1996 (II) LLJ 783 and have set aside the Division Bench judgment of the Calcutta High Court State of West Bengal v. Monirujjaman Mullick. 3. We therefore, allow the appeal and set aside the impugned judgment of the Division Bench of the High Court which is based on Monirujjaman's case. No costs.