JUDGMENT

K. JAGANNATHA SHETTY, J.— We grant special leave and proceed to dispose of the appeal.

2. The point raised in the appeal is a very short one, but nevertheless of general importance. It is with respect to the powers of the Special Executive Magistrates appointed under Section 21 of the Code of Criminal Procedure, 1973 (the Code).

3. Before narrating the facts, we may set out the relevant statutory provisions bearing on the question. Sections 20 and 21 of the Code provide power to the State Government to appoint Executive Magistrates and Special Executive Magistrates.

4. Section 20 so far as material reads:

"20. Executive Magistrates.- (1) In every district and in every metropolitan area, the State Government may appoint as many per-sons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Code or under any other law for the time being in force as may be directed by the State Government.

(4) The State Government may place an Executive Magistra