RAM PRASAD SHARMA AND SONS Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
RAM PRASAD SHARMA AND SONS
STATE OF RAJASTHAN
Click here to view full judgement.
(1.)The Supply Officer, Dholpur lodged a complaint on 21st Feb 1983, under S.3/7 of the Essential Commodities Act. The said complaint was lodged before the Special Court constituted under the amended Act No.18 of 1981, by which Special Courts were constituted. The petitioner preferred an application before the Special Court on 28th Feb., 1983 and submitted that the Special Court is not competent to take cognizance especially in the light of the provisions of S.12AA(1)(e). Sub-sec (e) reads as under :-
"(e) a Special Court, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial;"
1A. The contention of the petitioner before the Court below was that no complaint can be entertained as provided under Sec.11 after the amended Act No.18 of 1981. The learned Addl. Session Judge (Special Court), Dholpur, vide his order dated 22nd June, 1984, held that he is competent to take cognizance under S.11 of the Essential Commodities Act and S.12-AA(1)(e), as amended by Act No.18 of 1981, will not take away the jurisdiction vested in the Court under S.11 of the Act.
(2.)I have heard the learned counsel for the petitioner S/Shri N.L. Tibrewal and R.S. Rathor and the learned Public Prosecutors S/Shri M.I. Khan and G.C. Chatterjee.
(3.)The question involved in the instant case is only a question of law and so, it was agreed upon between the parties that this case should be finally disposed of at the admission stage. Before dealing with the rival contentions of the parties, I would like to reproduce Ss.11 and 12AA as under :-
"11. No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Sec.21 of the I.P.C. (45 of 1860)."
"12AA. Offences triable by Special Courts. (1) Notwithstanding anything contained in the Code :- (a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court ; (b) where a person is accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under Sub-s.(2) or Sub-sec (2-A) of S.167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate; Provided that where such Magistrate considers - (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him ; that the detention of such person is unnecessary, he may, if he is satisfied that the case falls under the proviso to S.8, order the release of such person on bail and if he is not so satisfied, he shall order such person to be forwarded to the Special Court having jurisdiction ; (c) the Special Court may, subject to the provisions of clause (d) of this sub-section, exercise, in relation to the person forwarded to it under Cl.(b), the same power which a Magistrate having jurisdiction to try a case may exercise under S.167 of the Code in relation to an accused person in such case who has been forwarded to him under that section ; (d) save as aforesaid no person accused of or suspected of the commission of an offence under this Act shall be released on bail by any Court other than a Special Court or the High Court; Provided that a Special Court shall not release any such person on bail - (i) without giving the prosecution an opportunity to oppose the application for such release unless the Special Court, for reasons to be recorded in writing, is of opinion that it is not practicable to give such opportunity; and (ii) where the prosecution opposes the application if the Special Court is satisfied that there appear reasonable grounds for believing that he has been guilty of the offence concerned; Provided further that the Special Court may direct that any such person may be released on bail if he is under the age of sixteen years or is a woman or is sick or infirm person, or if the Special Court is satisfied that it is just and proper so to do for any other special reason to be recorded in writing ; (e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial; (f) all offences under this Act shall be tried in a summary way and the provisions of Ss.262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial; Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment of a term not exceeding two years. (2) When trying an offence under this Act a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial; Provided that such other offence is, under any law for the time being in force, triable in a summary way ; Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass sentence of imprisonment for a term exceeding the term provided for conviction in a summary trial under such other law. (3) A Special Court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned in, or privy to, an offence under this Act, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whether as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposes of S.308 of the Code, be deemed to have been tendered under Sec.307 thereof. (4) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under S.439 of the Code and the High Court may exercise such powers including the power under Cl.(b) of sub-S.(1) of that section as if the reference to 'Magistrate" in that section included also a reference to a "Special Court" constituted under S.12-A."
Copyright © Regent Computronics Pvt.Ltd.