Ram Swarup Shaw v. State — 1983 DIGILAW 157 (CAL)

JUDGMENT P. C. Borooah, J : In regard to Special ,Case No. 37 of 1983 arising out of Shibpur Police Station Case No. 22 dated 15.10.82 under S. 7(i)(a) (ii) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act) the Police submitted a Final Report before Sri B. N. Chakraborty, Judge, Special Court, Howrah. The learned Judge however, by an order, being order No. 13 dated 12.4.83 decided to take evidence to determine a question raised by the defence and holding that the Police should not have submitted a Final Report in the case. Against this order the accused petitioner has filed the instant application with notice to the State. 2. We have heard Mr. Dilip Kumar Dutt on behalf of the petitioner and Mr. Nure Alam Chowdhury for the State. Mr. Dutt's contention is that after the Police submitted a Final Report the learned Judge had no jurisdiction to take evidence. Mr. Chowdhury conceded that even without going into the question of law raised in the petition, the fact that the petitioner was in possession of a valid licence under the West Bengal Pulses and Edible Oils (Dealers Licensing) Order, 1977 knooks the bottom out of the prosecution case. 3. The Special Court was constituted under the Act to try offences for violation of orders issued under S. 3 of the Act. Under S. 11 of the Act, such a Court can only take cognizance of an offence punishable under the Act when a report in writing of the facts constituting such offence is made by a person who is a public servant as defined in S. 21 of the Indian Penal Code. In the instant case, the police having submitted a Final Report, the learned Judge has no jurisdiction to take cognizance and to direct the taking of evidence In fact, the learned Judge sought to invoke powers under S. 202 of the Code of Criminal Procedure, 1973 which he has no authority to do. Under the circumstances, we hold that the learned Judge's order is clearly without jurisdiction. We, therefore, allow this application and quash the order which has been impugned therein. Ashamukul Pal, J : I agree. Order quashed.