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TMI Blog2003 (3) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... the Special Court (Economic Offences) and the Sessions Judge were ser aside and the applications filed under Section 245 Cr.P.C. were allowed and the respondents were discharged. Feeling aggrieved by the aforesaid order, the Deputy Chief Controller of Imports and Exports has filed these appeals by special leave. 2.The main ground on which the petitions under Section 482 Cr.P.C. have been allowed by the High Court is that the Special Court (Economic Offences), Bangalore, had no jurisdiction to try the offences under the Indian Penal Code or any other law except the offences under the Acts mentioned in the Schedule to the Notification by which the said Special Court was created. The other grounds are that the complainant was not examined as a witness by the Special Court as required by Section 200 Cr.P.C. and that the Presiding Officer of the Special Court had not applied his judicial mind to the complaint before taking cognizance of the offences. 3.The Government of Karnataka, exercising powers conferred by proviso to sub-section (1) of Section 11 read with Section 2(j) of Code of Criminal Procedure and in consultation with the High Court of Karnataka issued a notification on Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mulation of any decision which may expose the accused to any punishment or penalty and, therefore, in view of the aforesaid provision this can only be held by a Judicial Magistrate and not by any other authority. Sub-section (1) of Section 4 of the Code lays down that all offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions contained in the Code. Sub-section (2) of the same Section lays down that all offences under any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. The Imports and Exports (Control) Act, 1947 does not make any provision for regulating the manner of trying of offences under the said Act and, therefore, they have to be inquired into, tried and otherwise dealt with according to the provisions of the Code. Section 26 of the Code lays down that subject to the other provisions of the Code any offence under the Indian Penal Code may be tried by (i) the High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it means the local area within which the Court or Magistrate may exercise all or any of its or his powers under the Code, and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify. According to this provision, the State Government can create one Court for a local area which may comprise the whole of State or any part of the State and in the present case it was Bangalore Metropolitan Area and the District of Bangalore. The source of power for the State Government to issue a notification for creation of a Special Court is proviso to sub-section (1) of Section 11 of the Code and this provision nowhere says that upon issuance of such a notification the concerned Judicial Magistrate would be divested of the power and jurisdiction which he otherwise had under the Code. The Judicial Magistrate, First Class, who by virtue of the notification became a Special Court (Economic Offences) was not divested of the jurisdiction which he otherwise possessed under Section 26 of the Code. Therefore, the Special Court (Economic Offences), which is presided by a Judicial Magistrate, First Class, continued to have the juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es posted in Bangalore Metropolitan Area and in the District of Bangalore, they were all to be tried by one Court. The High Court was plainly wrong in drawing any analogy from Special Statutes which themselves created offences and also made provisions for trial before the Special Court or Designated Court created therein. The position being entirely different here, there is absolutely no scope for holding that the Special Court (Economic Offences) which was presided by a Judicial Magistrate of the First Class lost the jurisdiction to try offences under the Indian Penal Code. 8.The second reason given by the High Court for allowing the petition filed by the respondents (accused) is that the order passed by the Special Court taking cognizance of the offence does not show that the learned Magistrate had even perused the complaint or that he had applied his judicial mind before taking of the cognizance. The order passed by the learned Magistrate reads as under : "Cognizance taken. Register the case. Issue summons to the accused." 9.In determining the question whether any process is to be issued or not, what the Magistrate has to be satisfied is whether there is sufficient ground fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Exports is a public servant. It is also not the case of the accused-respondents that the Deputy Chief Controller of Imports and Exports is not a public servant. The complaint was filed by him in discharge of his official duty. The learned Magistrate was, therefore, fully justified in taking cognizance of the offences without recording the statement of the complainant. 11.For the reasons discussed above, we are of the opinion that the view taken by the High Court is wholly unsustainable in law and must be set aside. 12.In view of the findings recorded by us, the learned Magistrate has to proceed with the trial of the accused-respondents. Shri Ashok Desai, learned Senior Counsel has, however, submitted that the Imports and Exports (Control) Act, 1947 has since been repealed and in the departmental proceedings taken under the aforesaid Act, the Central Government has passed orders in favour of the respondents and, therefore, their trial before the criminal court at this stage would be an exercise in futility. He has placed before us copies of the orders passed by the Additional Director General of Foreign Trade on August 16, 1993 and also by the Appellate Committee Cell, Ministr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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