- (1.)THESE seven references have been made by Learned Sessions Judge, udhampur with the recommendation that orders passed by Learned Judicial Magistrate, 1st Class, Chenani in File Nos. 12/ challan, 61/challan, 70/challan, 45/ challan, 69/challan, 141/challan and 48/ challan committing these cases to the Sessions Judge be set aside because the. orders, according to the Learned Sessions judge were contrary to what had been held by Hon'ble Supreme Court of India in State of Tamil Nadu v. Parmasiva Pandian, reported as 2001 Cr LJ 4772.
(2.)RELYING on Paramsiva Pandian's case (supra) learned Sessions Judge has held that with the lapse of two ordinances issued under the Essential commodities (Special Provisions) Act, the Special Judges had ceased to operate and the cases under the Essential Commodities Act were triable, as before, by a Magistrate rather than the Special judge.
(3.)I have examined the judgment of hon'ble Supreme Court of India and the recommendations made by Learned Sessions judge. Udhampur, Paramsiva Pandian's case, in my opinion, would not be applicable to the cases registered under the Essential commodities Act, 1955 in the State of jammu and Kashmir because there is marked difference in the Schedule forming part of the State Code of Criminal Procedure and the Schedule forming part of the central Code of Criminal Procedure. The schedule forming part of the Central Code of Criminal Procedure prescribes that offences against other laws if punishable with death, imprisonment for life or imprisonment for more than seven years, would be triable by Court of Sessions and if the offences were punishable with imprisonment for three years and upwards, but not more than seven years, these would be triable by a Magistrate of the 1st Class. The State Code of Criminal Procedure, on the other hand prescribes that offences against other laws if punishable with death or imprisonment for seven years or upwards, would be triable by Court of Sessions and if punishable with imprisonment for three years and upwards, but less than seven years, would be triable either by Court of Sessions or by judicial Magistrate of the 1st Class.