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TMI Blog1987 (3) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... K. Jagannadha Rao, Standing Counsel for Central Government of behalf of the petitioner in both petitions and of Mr. K.V. Subrahmanya Narau, Advocate for the Respondent No. 1 in both petitions and of the Public Prosecutor on behalf of the Respondent No. 2 in both petitions the court made the following Order : 3. The Superintendent Customs Central Excise, Range-II, Nellore Division, Nellore, is the petitioner in the two petitions. Crl. M.P. No. 1188/86 is filed to cancel the bail granted to Krishnamachary in Cr. M.P. No. 670/85 by the Sessions Judge, Nellore. Krishnamachary was arrested on 6-12-1985 and produced before the and Addl. Judge, Ist Class Magistrate, Nellore on 7-12-1985, with a remand report that he is guilty of offence under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the file of the Special Judge for Economic Offences, bail was granted on 16-12-1985. It is against that order, Crl. M.P. No. 1189/86 has been filed. 5. The contention of Sri Jagannadha Rao, learned counsel for the petitioner is that the Sessions Judge, Nellore, has no jurisdiction to grant bail in respect of a case which is within the jurisdiction of the Special Judge for Economic Offences. His further contention is that the Special Judge for Economic Offences, Hyderabad, has exclusive jurisdiction in the matter of grant of bail. It is also contended that, when the and Addl. Judicial 1st Class Magistrate, Nellore, rejected the grant of bail on the ground that he has no jurisdiction to entertain the petition. Krishnamachary was already ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ressed or necessarily implied. Seetharam'Reddy, J. considered the scope of Section 12-AA of the Essential Commodities Act and the power of the High Court to grant anticipatory bail under Section 438 Cr.P.C. in Kuppu Naidu v. State of A.P. (3) 1985 (3) APLJ. SN. 15. 7. In this case, we have to see whether the jurisdiction of the Nellore Sessions Division has been expressly or impliedly taken away after the constitution of the Special Court for trying offences under the Economic Offences Cases. 8. In G.O.Ms. No. 202 Home (Courts-A) Department, dated 27th March, 1980, the Government established a Special Court for Economic Offences in Hyderabad to deal with certain economic offences under the 12 specified Acts. The matter was first r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 2 of Code of Criminal Procedure 1973 (Central Act 2 of 1974) and after consultation with the High Court of Andhra Pradesh and in supercession of the Notification issued by the Government of Andhra Pradesh in G.O. Rt. No. 1967, Home (Courts-A) Department, dated 4th August, 1980, the Governor of Andhra Pradesh hereby :- 1. Specifies the whole of the State of Andhra Pradesh as the local area for the purpose of establishing a Special Court for the offences arising under the enactments mentioned in the annexure hereto; and 2. Establishes a Special Court of Judicial Magistrate of the First Class to try cases, arising under the enactments mentioned in the annexure hereto, even if such cases include offences punishable under the Indian Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstrued, unless the context otherwise requires, as a. reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area." The provisos to sub-section (1) and (3) to Section 14 have been added by the Amendment Act, 1978. The proviso to sub-section (1) has been inserted to enable the Court or Special Judicial Magistrate to hold its sittings at any place within the local area for which it is established. It is intended to facilitate the holding of mobile courts, sub-section (3) has been inserted to provide that where the local jurisdiction of a Magistrate extends beyond a district or a metropolitan area in which he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivision was entrusted specially to entertain cases under the Act. The and Addl. Judicial Ist Class Magistrate, who has got power to entertain matters, sent the accused for remand with a direction to produce him before the Special Judge for Economic Offences. By virtue of the order that has been passed by him, the Special Judge alone is competent and the Sessions Judge at Nellore who is having general jurisdiction, has no right to entertain the bail application either under Section 438 or 439 Cr. P.C. If we construe the powers that have been conferred on the Magistrate with a right to remand the accused for any of the offences under the 12 Acts specified above for which the Special Judge Court has been constituted under G.O. Rt No. 734 it is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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