Section 98(4) in The West Bengal Separation of Judicial And Executive Functions Act, 1970
(4)after sub-section (4), the following sub-sections shall be inserted, namely :-"(5) Any District Magistrate or any Sub-Divisional Executive Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and if the person is in confinement, that he be released on bail or on his own bond pending the examination of the record.
