Judgement

Patanjali Sastri, C.J.I. : These are connected appeals by special leave from the order of the High Court of Judicature at Calcutta dated 6-1-1951, confirming the conviction of the appellants and the sentences imposed on them by the Special Court, Alipur, Calcutta, constituted under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949.

2. The first appellant was at all material times the proprietor of the firm of Kedar Nath Mohanlal, Managing Agents of Shiva Jute Press Ltd., an incorporated company having a number of godowns at Cossipore in West Bengal, and the second appellant was the Area Land Hiring and Disposals Officer in the service of the Government of India. Some of the godowns belonging to the company were requisitioned by the Government for military purposes in 1943 and were released in December 1945. The appellants, along with two others who were given the, benefit of doubt and acquitted, were charged with having conspired to cheat, and having cheated, the Government by inducing their officers to pay Rs. 47,550 to the first appellant on behalf of the company as compensation for alleged damage to the godowns on the basis of an assessment made by the second appellant which was false to the knowledge of both the appellants. It was also alleged that the second appellant recommended the payment of Rs. 1,28,125 to the company for damage caused to the jute stored in the godowns by leakage of rain-water through cracks in the roof of which the military authorities neglected to repair. Thus claim, however, had not been paid as the second appellant s recommendation was not accepted by the higher authorities who referred it to the Claims Commission for investigation. The appellants were accordingly charged with having committed offences under Ss. 120B and 420, Penal Code and S. 5 (2), Prevention of Corruption Act (Act 2 of 1947).

3. The West Bengal Criminal Law Amendment Act (thereinafter referred to as "the Act") came into force or 23-6-1949, and, by notification No. 5141-J dated 16-9-1949, the West Bengal Government allotted the case against the appellants and two others to the Special Court constituted by the Government under S. 3 of the Act. The trial commenced on 3-1-1950, and nine prosecution witnesses were examined in chief before 26-1-1950, when the Constitution came into force. After some more witnesses were examined, the charges were framed on 27-2-1950. On 9-6-1950, prosecution evidence was closed and the appellants were examined under S. 342, Criminal P. C. On 29-8-1950, the Special Judge delivered judgment convicting the appellants on all the counts and sentenced them to varying terms of rigorous imprisonment and fine. In addition to the sentences imposed under the ordinary law the first appellant was fined Rs. 50,000 including the sum of Rs. 47,550 received by him, as required by S. 9 (1) of the Act.

4. Though the constitutionality of the Act was not challenged in the High Court, Mr. Chatterjee on behalf of the appellants made it the principal issue in these appeals. He contended that the Special Court had no jurisdiction to try and convict, the appellants inasmuch as S. 4 of the Act, under which the case was allotted by the State Government to the Special Court, offended against Art. 14 of the Constitution in that it enabled the Government to single out a particular case for reference to the Special Court for trial by the special procedure which denied to persons tried under it certain material advantages enjoyed by those tried under the ordinary procedure. Learned counsel placed strong reliance on the majority decision of this Court in State of West Bengal v. Anwar Ali Sarkar , AIR 1952 SC 15 (A) and, indeed, claimed that that decision ruled the present case. He further regard that the offence under S. 5 (2) of the Prevention of Corruption Act was triable exclusively by the court of session under Item (1) of the last heading of Sch. 2, Criminal P. C. as the offence is made punishable under tha