Judgment

Thomas, J.—Leave granted.

2. Appellant was an IPS Officer who reached upto the level of Superin­tendent of Police in the State Police Service, Orissa. Based on some sleuth informations raid was conducted in the residence of the appel­lant on 12.5.1990 and a good amount of cash and jewellery were recov­ered. A case was registered against him under Section 13(2) of the Prevention of Corruption Act, 1988 (for short “the Act”). On 31.12.1990 appellant retired from service but the investigation into the case continued. On 30.9.1992 the Vigilance Department submitted a charge-sheet against the appellant for the offence under Section 13(2) read with Section 13(1)(e) of the Act.

3. The case was since transferred to the Court of Special Judge, Bhubaneswar which was established under the provisions of Orissa Special Courts Act, 1990. Appellant made a multi-pronged move against the prosecution. At the first instance he challenged the very consti­tution of Special Court and then he raised a preliminary objection that he is not liable to be tried under the Act since he was no more a public servant. His challenge against the constitution of the Special Court did not succeed in spite of