(1) SPECIAL leave granted, (2) THE appellant who has been challaned for offences punishable under the Essential Commodities Act has challenged the order passed by the High court of Rajasthan transferring his case No. 3 of 1991 pending before the court of the Judicial Magistrate for CBI cases at Jaipur to the Special court constituted under the Essential Commodities Act. It may be mentioned that along with the case of the appellant six more cases were transferred in the same manner at the request of the CBI. (3) THE learned counsel for the appellant submits that the offence punishable under Section 406 cannot be tried summarily and the Special court constituted under Section 12-A of the Essential Commodities Act can only try offences under the Act summarily; the object being speedy disposal of these cases. There is a provision, namely, Ss. (2 of Section 12-AA of the Essential Commodities Act which lays down that when trying an offence under the Essential Commodities Act, a Special court so constituted may also try an offence other than an offence under the Essential Commodities Act with which the accused may, under the Code, be charged at the same trial; provided that a such other offence is, under any other law for the time being in force, triable in a summary way. (4) THERE is no dispute that an offence under Section 406 Indian Penal Code which is punishable for a period of 3 years cannot be tried summarily in view of the language of Section 260 of the Code of Criminal Procedure. In this context, the learned counsel for the appellant also submitted that by holding a joint trial of the offences punishable under Section 406 Indian Penal Code and the offences punishable under the Essential Commodities Act, the appellant is being deprived of right of appeal to the sessions court and further revision to the High court. (5) THAT apart, having examined the provisions of the Essential Commodities Act, we are satisfied that the Special court constituted under Section 12-A of the Act is to be presided by a Single Judge who is qualified for appointment as a High court Judge or he has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge. In the instant case admittedly, the Special court is presided by an additional Sessions Judge and as provided under Section 193 of the Code of Criminal Procedure, the court of Session cannot take cognizance of any offence directly except as expressly provided by the Code of Criminal Procedure or by any other law for the time being in force. The section further lays down that no court of Session shall take cognizance of any offence as a court of Original Jurisdiction unless the case has been committed to it by a Magistrate under the Code. That being the legal position, the Additional Sessions Judge who is presiding over the Special court cannot get jurisdiction by a mere transfer of a case by the High court. We may also point out that the High court has not referred to any of these provisions before ordering such transfer. In the result, the impugned order is set aside and all the cases which are transferred by virtue of the impugned order dated 30/7/1993 are sent back to the Judicial Magistrate for CBI cases, Jaipur for being tried and disposed of in accordance with law. (6) THE appeal is allowed on the afore terms.