Special Court of Economic Offences being a Court having jurisdiction throughout State is alone empowered to take cognizance of offences which are referable to special enactments.

1. This Criminal Petition is filed against the order in Crl.M.P. No.1464 of 2014 in Crime No.HQ. POR. No.43 of 2014-CUS-PREV., of the Superintendent of Customs, Hydeabad-II, Commissionerate, Basheerbagh.

2. The petitioner herein is the complainant and the respondent is the sole accused of the above referred crime registered against him for the offences punishable under Sections 132 and 135 of the Customs Act, 1962, where he was taken to judicial custody in the pending crime by the Special Judge for Trial of Economic Offences (the designated Court).

3. The accused, who moved for regular bail before the learned Special Judge went unsuccessful, again moved to the Metropolitan Sessions Judge, who granted the regular bail under Section 439 of Criminal Procedure Code, 1973 (in short, Cr.P.C.). By impugning the said order, the present revision is filed seeking to cancel the bail order including on the contention that the learned Sessions Judge has no jurisdiction in granting the bail.

4. Heard both sides.

5. The contentions in support of the averments in application impugning the bail order in seeking for its cancellation are that, the learned Special Judge for Trial of Economic Offences cum- VIII Additional Metropolitan Sessions Judge, Nampally (designated as Special Court) once dismissed the application for bail, in Criminal Petition No.905 of 2014, on 27.03.2014; the learned Metropolitan Sessions Judge could not entertain another bail application, much less, by sitting against to grant the bail covered by the impugned order in Crl.P.M.P. No.1464 of 2014, dated 23.04.2014 and hence the said order is liable to be set aside, more particularly, for want of jurisdiction. The other contentions are that granting of the bail only by imposing a condition of bond of Rs.10,000/- each to the satisfaction of Special Judge for Trial of Economic Offences -cum- VIII Additional Metropolitan Sessions Judge is untenable, also from the fact of not considered of the accused person is from Kerala State and there is every chance of his absconding, the investigation is in progress, the crime is of a serious nature in smuggling of gold, which is a threat to the State Economy and the sureties are also of the State of Kerala and it is difficult to secure presence of accused by serving notice including to the sureties in the event of his absconding.

6. The applicant referred G.O.Rt.No.734 Home (Courts-A) Department, dated 13.03.1981; this Courts Circular Roc.No.1348/SO/1991, dated 21.10.1991; Single Judge expression of this Court reported in Superintendent, Customs And ... vs Elukala Krishnamachari And Ors. (order in Crl.M.P. No.1188 and 1189 of 1986) and another Division Bench expression of this Court reported in Fakhuruddin Sharafali Ampanwala v. State to support the said contentions.

7. Whereas it is the contention of the counsel for the accused respondent to this application before this Court that, the learned Metropolitan Sessions Judge is right in entertaining the bail application and in granting the bail under Section 439 of Cr.P.C. as per the law prevailing and also contended that there is a Judgment of the Apex Court reported in Omprakash and another v. Union of India and another (3 Judges Bench) holding that the offences under Central Excise Act, 1944 and Customs Act, 1962 are bailable irrespective of term of imprisonment fixed for said offences in view of Sections 9-A, 19 and 20 of Excise Act, Sections 104(3) & (4) of the Customs Act and the Excise or Customs Officer cannot make arrest in respect of said offences without warrant from Magistrate concerned in the offences which are bailable; hence there is nothing to interfere with the order granting bail by the learned Metropolitan Sessions Judge. It is also the contention that by virtue of the State reorganisation Act, 2014, without separate notifications of Government, the jurisdiction of Special Court remains stand still.

8. Perused the material on record.

9. Before formulating the points f