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2018 (2) TMI 1901 - HC - Indian LawsJurisdiction of cognizance taken by the learned Chief Judicial Magistrate - Offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016 - HELD THAT - It is true that Section 85(1) of the Bihar Prohibition and Excise Act provides that a Special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 for the trial of warrant cases by the Magistrates. The Bihar Prohibition and Excise Act, 2016 came into force with effect from 2nd October, 2016 whereas the cognizance in the present case has admittedly been taken on 30th July, 2016. Prior to 2nd October, 2016, it was the Court of Magistrate, who was competent to take cognizance of the offences punishable under the Excise Act. Application dismissed.
Issues: Jurisdiction of the Court to take cognizance under Bihar Prohibition and Excise Act, 2016
Analysis: Issue 1: Jurisdiction of the Court The petitioners filed an application under Section 482 of the Code of Criminal Procedure to set aside an order passed by the Judicial Magistrate in the Rajauli Excise Case. The order dated 30th July, 2016, took cognizance of the offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016. The petitioners contended that the Magistrate lacked jurisdiction to take cognizance as per Section 85 of the Bihar Prohibition and Excise Act, 2016, which stipulates that a Special Judge should have the power to do so. However, the Act came into force on 2nd October, 2016, while the cognizance in this case was taken on 30th July, 2016. Therefore, before the Act came into effect, the Magistrate had the authority to take cognizance of such offences under the Excise Act. Conclusion: The High Court dismissed the application, stating that prior to the enforcement of the Bihar Prohibition and Excise Act, 2016, the Court of Magistrate had the competence to take cognizance of offences punishable under the Excise Act. Therefore, the Magistrate's action in this case was within jurisdiction, and the application was found to be without merit.
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