Judgement

JUDGMENT :- Special leave granted.

This appeal by the Central Bureau of Investigation (hereinafter referred to as the CBI) arises from the judgment of the High Court of Calcutta dated 22-12-1995, allowing criminal revision filed by respondent No. 1 and quashing the proceedings of Special Case No. 1 of 1988, pending before the learned 2nd Special Judge at Alipore.

2. On the basis of an FIR, registered on 28-11-1987 by the CBI on the complaint of Subodh Chandra De, a trap was laid by the officers of the CBI on 30-11-1987 and respondent No. 1 Shri Subodh Kumar Dutta was allegedly caught accepting a bribe of Rs. 700/-. The CBI filed a charge sheet against respondent No. 1 for an offence under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 on 11-2-1988, after completion of the investigation. Cognizance of the offence was taken by the learned Special Judge under the West Bengal Special Courts Act, 1949 on 9-7-1988.

3. It is an admitted case of the parties that the special Court which took cognizance of the offence had been consituted under the West Bengal Special Courts Act, 1949 and not under the Criminal Law Amendment Act, 1952, After cognizance