Harries, C.J.

[1] In this case a Rule was issued upon the State of West Bengal and upon the Special Judge hearing the case to show cause why the records of the case should not be transferred to this Court under Article 228 of the Constitution of India in order that this Court should decide a constitutional point involved in the case, namely, whether Section 4(1) of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949 was ultra vires the Constitution and whether in consequence the Special Judge had any jurisdiction to hear and decide the case.

[2] At the instance of the special police establishment investigation proceeded against the petitioners in respect of various offences under Sections. 120B/406, Penal Code, Sections. 467, 468 and 477A, Penal Code and those sections read with Section 109, Penal Code. By a notification of the Judicial Department of the Government of West Bengal No. 2072J., dated April 21, 1950 the case was allotted to the Special Court of the Special Judge of Alipore for trial under the provisions of Section 4(1), West Bengal Criminal Law Amendment (Special Courts) Act, 1949.

[3] On 25-7-1950 a petition of complaint was filed before the Special Judge charging the petitioners with offences under the sections which I have mentioned, whereupon the learned Special Judge took cognizance of the offences and all petitioners were summoned to appear and stand their trial, and from that time the proceedings continued in respect of these offences.

[4] On 29-8-1951 the petitioners filed an application before the Special Judge contending that he had no jurisdiction to hear the case by reason of the fact that Section 4(1) of the Act in question was ultra vires Article 14 of the Constitution and by the said petition the petitioners prayed the Special Judge should make a reference to this Court. The learned Judge however declined to make any reference to stay the trial and proceeded with it and therefore the Rule in the terms I have already indicated was issued.

[5] The learned Advocate General has appeared on behalf of the State and we have heard a full argument upon the validity or otherwise of this section and this judgment will dispose of the whole matter and it will be unnecessary to call for the records and then deliver judgment after the records have been received. This course has been taken to avoid undue delay.

[6] The West Bengal Criminal Law Amendment (Special Courts) Act, 1949 is entitled "An Act to provide for the more speedy trial and more effective punishment of certain offences." The preamble reads. "Whereas it is expedient to provide for the more speedy trial and more effective punishment of certain offences."

[7] Section 2 empowers the State Government by notification in the official gazette to constitute special courts of criminal jurisdiction for various areas and by Section 3 a Special Judge can be appointed to preside over such court, the section giving his qualifications.

[8] Section 4 then provides that the State Government may from time to time by notification in the official gazette allot cases for trial to a Special Judge and the remainder of this sub-section and sub-section (2) which follows are in practically the same terms as Section 12, sub-sections (1) and (2), Black Marketing Act.

[9] Section 5 provides for the procedure and powers of Special Judges. The Special Judge may take cognizance of a case without the accused being committed to his court for trial and in trying the accused he must follow the procedure laid down in the Code of Criminal Procedure for warrant cases. He is to be deemed to be a court of sessions trying cases without a jury and without the aid of assessors.

[10] Section 6 provides for certain rights of appeal to the High Court and for the revisional powers of that court. Section 7 bars any court transferring any case from a Special Judge and Section 8 deals with rules of evidence.

[11] Section 9 deals with special provisions regarding punishment and sub-section