2018 Supreme(Mad) 41
A.M.BASHEER AHAMED
S. Gandhi – Appellant
Versus
State represented by the Deputy Superintendent of Police – Respondent
Advocates Appeared:
For the Petitioner:S. Nandakumar, Advocate.
For the Respondent: Mayilvahana Rajendran, Addl. Govt. Pleader.
Judgement Key Points
- The petitioner, arrayed as A5, was charged with offenses under Sections 15, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act), alongside NDPS Act and IPC offenses, in C.C. No. 241 of 2010 before the Special Court for Essential Commodities Act and NDPS Act Cases, Madurai.[21001265120001]
- The Special Court took cognizance of PC Act offenses without a separate notification under Section 3 of the PC Act conferring such powers on the trial judge.[21001265120001][21001265120008][21001265120009]
- Petitions questioning the Special Court's jurisdiction to try PC Act offenses were dismissed by the trial court, leading to framing of charges under PC Act against A4 to A6.[21001265120002][21001265120003]
- Section 36(a)(2) of the NDPS Act does not empower a Special Court constituted thereunder to try PC Act offenses, as the two Acts are distinct and require separate notifications for Special Judges.[21001265120010][21001265120013][21001265120014][21001265120015]
- Section 3 of the PC Act mandates notification in the Official Gazette by the Central or State Government to appoint Special Judges for PC Act offenses. (!) (!) (!) (!) [21001265120011]
- Section 4(3) of the PC Act allows a Special Judge to try other offenses under Cr.P.C. at the same trial, but only after proper appointment under Section 3. (!) [21001265120012]
- No notification under Section 3 of the PC Act was produced or accepted by the trial court to authorize trial of PC Act offenses alongside NDPS Act cases.[21001265120005][21001265120009][21001265120015]
- The trial court relied on Section 36(a)(2) of NDPS Act and Section 223 Cr.P.C., but this does not override the mandatory requirement of Section 3 PC Act notification.[21001265120006][21001265120014]
- Without Section 3 PC Act notification, cognizance and framing of charges under PC Act by the NDPS Special Court is without jurisdiction and a nullity.[21001265120004][21001265120015][21001265120016]
- Impugned orders dated 14.12.2016 and 15.12.2016 set aside; PC Act charges deleted; trial to proceed on NDPS Act and IPC charges only.[21001265120003][21001265120017]
ORDER :
1. The Criminal Revisions Cases are filed praying to set aside the orders, dated 14.12.2016 & 15.12.2016 respectively made in Crl.M.P.No.3094 of 2016 in C.C.No.241 of 2010 and in C.C.No.241 of 2010, on the file of the learned II Additional District and Sessions Judge (For Essential Commodities Act and NDPS Act) Cases, Madurai.
2. The petitioner herein is arrayed as A5 in the charge sheet filed by the respondent before the learned II Additional District and Sessions Judge (For Essential Commodities Act and NDPS Act) Cases, Madurai, and was taken cognizance by the said Court and is pending as C.C.No.241 of 2010. The petitioner has been charged with for the offence punishable under Sections 15, 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988, apart from other offences punishable under NDPS Act and also IPC offences. It has been further stated in the charge sheet that sanction has also been accorded under Section 19(1)(c) of Prevention of Corruption Act, 1988 along with other offences by the Competent Authority to prosecute A4 to A6 in the Court of Law.
3. After taking cognizance of the case against the petitioner inclusively for the offences under the Prevention
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