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TMI Blog2021 (8) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... of powers conferred by the Proviso to Sub Section (1) of Section 11 of the Code of Criminal Procedure, 1973 the Governor of Tamilnadu have examined the recommendation of the Law Commission in consultation with this Court and established a Special Court of Judicial Magistrate of the First Class at Madurai for the local area comprising the districts of Madurai, Ramanathapuram, Thirunelveli and Kanyakumari for trial of economic offences and Two Additional Chief Metropolitan Magistrate's Courts at Chennai. Though the Law Commission in its 47th Report recommended the establishment of Special Courts for the effective and speedy prosecution of economic offences, the Government of Tamil Nadu have examined the suggestion of the Government of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s at Chennai (in the cadre of Chief Metropolitan Magistrate) and an Additional Court of Chief Judicial Metropolitan Magistrate at Madurai (in the cadre of Sub Judge) have been constituted. 3. The facts of the case is that the Petitioner was arrested at Pattukottai bus-stand and he is an accused for the offences said to have been committed under Sections 111(a) and 111(d) of the Customs Act, 1962 in C.C. No. 95 of 2017 on the file of the Judicial Magistrate-I, Thanjavur. Later, the Petitioner was released on bail and the matter is still pending before the Judicial Magistrate-I, Thanjavur. 4. At this juncture, the Petitioner has come before this Court stating that three Special Courts were constituted as per the G.O. Ms. No. 1293 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cadre of Sub Judge at Madurai, apart from that, no other courts have been constituted. Therefore, Judicial Magistrate of concerned jurisdiction alone can entertain those cases to deal with the economic offences. 8. Mr. R.Sankarasubbu, Learned Counsel for the Petitioner submits that though the Government accepted the recommendations of the Law Commission for establishment of Special Courts for effective and speedy prosecution of the economic offences, only three Courts have been constituted and therefore, cases, which have been filed as economic offences, should be tried only by those Courts alone. Therefore, the case of the Petitioner has to be transferred to Special Courts at Chennai. 9. The said contentions of Mr. R.Sankarasu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the High Court, Madras, hereby establishes a special Court of Judicial Magistrate of First Class at Madurai for the local area comprising the districts of Madurai, Ramanathapuram, Tirunelveli and Kanniyakumar for trial of economic offences. Notification II In exercise of the powers conferred by Sub-section (1) of Section 16 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Governor of Tamil nadu, after consultation with the High Court, Madras, hereby establishes two Courts of Metropolitan Magistrates' at Madras. 12. Mr. R.Sankarasubbu, Learned Counsel for the Petitioner vehemently argued that when Law Commission in its 47th report recommended on the trial and punishment of social and economic offend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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