An accused cannot be charged under a law that was not in force at the time of the commission of the offence.

Jaganmohan Reddy, J.

[1] This criminal revision is filed by the accused on the ground that the Magistrate has no jurisdiction to try the case or to take cognizance of the offence after the enactment of Criminal Law Amendment Act, 46 of 1952, and the extension of Corruption Act to Part B States.

[2] The facts of the case are evident from the challan dated 13-10-1952 filed by the Police against the accused under Section 342, Hyderabad Penal Code, corresponding to Section 409, Indian Penal Code, which states as follows:

1. The accused Major K. Jayaram Iyer, a public servant in the employ of the Central Government, just after Police Action, took over the administration of the Post Offices at Hyderabad in the capacity of a Liaison Officer on 18-9-1948 and assumed charge as the Post-Master General of the Hyderabad State Postal Services on 27-10-1948, and worked as such till he relinquished his said Office and proceeded on leave, with effect from 1-4-1950.

2. Property as per List 'A' attached was purchased at the instance of the accused during tenure of his Office out of Government funds for Government purposes.

3. Accused had entrustment of and dominion over the set of Government property mentioned in List 'A' as a public servant and dishonestly misappropriated and converted! the same to his private use, thus committing Criminal Breach of Trust punishable under Section 409, Indian Penal Code (342 Hyderabad Penal Code) at Hyderabad-Deccan.

4. Property with respect to which criminal breach of trust was committed and was seized from the custody of the accused is listed in list 'B' annexed.

5. Sanctions under Section 197, Indian Criminal Procedure Code of both the Central and Hyderabad State Governments are filed herewith.

6. The accused was arrested on 5-11-1950, at Kuttalam and was produced before the Chief Presidency Magistrate, Madras, on 6-11-1950, from where he was released on bail on the same date.

7. It is requested that he may very kindly be summoned to stand his trial in this Court.

[3] The grounds on which the revision is sought to be pressed may be stated briefly as follows: As the facts constituting an offence under Section 342, Hyderabad Penal Code, also constitute an offence under Section 5,(2)(c), Prevention of Corruption Act which describes the same offence and as according to Section 26, General Clauses Act, when an act is an offence under different enactments the person is liable under either or any of them, the Magistrate had no jurisdiction to take cognizance of the case against the accused, after the extension of Prevention of Corruption Act to Hyderabad State and the enactment of Criminal I am Amendment Act. Learned Advocate for the revision-petitioner submits that the ingredients of the offences under Section 342, Hyderabad Penal Code and Section 5(2)(c), Prevention of Corruption Act are similar, as such the procedure prescribed in the latter Act, viz., the Prevention of Corruption Act, read with the Criminal Law Amendment Act, should be followed in the trial for an offence of that nature. It is, therefore, necessary to examine the provisions of these sections in relation to the dates of enforcement of the enactment.

[4] The Prevention of Corruption Act, 1947, was passed by the Indian Legislative Assembly with a view to more effectively prevent bribery and corruption by a public servant which are already offences under Chapter IX of the Indian Penal Code. Section 2 states that a public servant for the purposes of that Act means a public servant as defined in Section 21, Indian Penal Code. Section 3 provides that offences punishable under Sections 161 and 165, Indian Penal Code are deemed to be cognizable offences for the purposes of the Code of Criminal Procedure, notwithstanding anything to the contrary contained therein and Section 5-A prohibits any Police Officer below the rank of Assistant Commissioner in the Cities of Madras and Calcutta, a Superintendent of Police in the City of Bombay and elsewhere a