Judgment-

AYYANGAR

( 1 ) THIS appeal raises for consideration the proper construction of Sections 4 and 5 of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 (Act XXI of 1949) to which we shall refer as the Act. The preamble to the Act recites that it was enacted to provide for the speedy trial of the offences specified in the Schedule. Sec. 2 empowers the State Government to constitute by notification in the Official Gazette one or more special courts. S. 4 enacts, to extract only the portion relevant to this appeal:

"s. 4 (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, or in any other law the offences specified in the Schedule shall be triable by Special Courts only. . . . . . . . . . . . .

( 2 ) THE distribution amongst Special Courts of cases involving offences specified in the Schedule to be tried by them, shall be made by the State Government. "

THIS is followed by S. 5 reading again confining ourselves to the portion material for this appeal :

"s 5 (1) A special Court may take cognizance of offences without the accused being committed to his Court for trial, and in trying accused persons, shall follow the procedure prescribed by th