Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Imports and Exports (Control) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Imports and Exports (Control) Act, 1947; Section 5/Code of CriminalProcedure, 1973; Proviso to Section I 1(1) r/w Section 2(J), Sections 26, 245& 482:Issuance of notifications by the State under the Provisions of Cr.P.C.-Establishment of Special Court for trial of offences under the specified Acts-Trial of offences under the Penal Code-Challenge to-Rejected by SpecialCourt-Revision Petitions dismissed by Sessions Court-Petition under Section482 Cr.P. C. allowed by High Court holding that Special Court could only tryoffences under the specified Acts-On appeal, held, since only effect ofnotification was trial of offences under various Acts by the Special Court, itis wrong to conclude that Special Court presided by a Judicial Magistrate,First Class, lost the jurisdiction to try offences under the Penal Code whensuch powers or jurisdiction were not curtailed by the notification-PenalCode, 1860; Sections 420, 467, 468, 471, 120-B /PC.Practice and Procedure:Complaint by a public servant-Initiation of proceedings by JudicialMagistrate Special Court without recording statement and reasons-Correctness of-Held: When Judicial Magistrate is satisfied that sufficientground exists for proceeding against the accused, he is neither required torecord reasons before issuance of process nor _required to record the statementof the public servant who has filed the complaint in discharge of his officialduty. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2003 INSC 146 |
Petitioner | Dy. Chief Controller Of Imports And Exports |
Respondent | Roshanlal Agarwal And Ors. |
SCR | [2003] 2 S.C.R. 621 |
Judgement Date | 2003-03-05 |
Case Number | 1656-1663 |
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