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TMI Blog1976 (12) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly allow the appeal, set aside the orders made by the learned Judicial Magistrate, Sessions Judge and the High Court and remand the case to the Judicial Magistrate with a direction to him to deal with the charge-sheet filed by .the police in accordance with law in the light of the observations contained in this judgment. - Criminal Appeal No. 16 of 1972 - - - Dated:- 17-12-1976 - BHAGWATI, P.N., GUPTA, A.C., AND SINGH, JASWANT, JJ. N. Nettar, for the Appellant K.R. Nataraja, for the Respondent JUDGMENT BHAGWATI, J.- This appeal by special leave raises a short but interesting question of law. The facts giving rise to the appeal are few and briefly stated as follows: On 1st October, 1970 the police ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revision Application and hence the State preferred the present appeal with special leave obtained from this Court. Now in order to appreciate the contention that has been raised on behalf of the State in support of the appeal, it is necessary to notice the various changes which Section 60 of the Principal Act went through from time to time during the relevant period. Section 60 clause (b) as it originally stood provided that no Magistrate shall take cognizance of an offence punishable under any Section of the Act other then Section 35 or 38 or 46 or 48 except on his own knowledge or suspicion or on the complaint or report of an Excise or Police Officer . But before the charge,sheet in the present case came to be filed by the Police, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1971 and that restored the position which obtained prior to the amendment made by Mysore Ordinance No. 4 of 1970. Mysore Act No. 1 of 1971 was deemed to have come into force on 7 th August 1970 and Section 23 of this Act provided inter-alia that the amendment to Section 60 made by Mysore Ordinance No. 4 of 1971 shall be deemed never to have been made and the provisions of Section 60 as they stood prior to the said amendment shall be deemed to continue to be in force. The result of the enactment of this provision by Mysore Act 1 of 1971 was that the amendment made in Section 60 clause (b) by deleting the words or police by Mysore Ordinance 4 of 1970, was obliterated and wiped out with retrospective effect so that in the eye of the law it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Magistrate, Sessions Judge and the High Court and remand the case to the Judicial Magistrate with a direction to him to deal with the charge-sheet filed by .the police in accordance with law in the light of the observations contained in this judgment. ORDER After we delivered the judgment in this case, our attention was drawn to the fact that subsequent to the decision of the High Court, a fresh charge-sheet for .the same offence was filed by the police against the respondent and in view of the amendment made in section 60, clause (b) by Mysore Act I of 1971, the learned Judicial Magistrate took cognizance of the offence and tried the respondent and ultimately as a result of the trial, the respondent was convicted and sentenced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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