AI Overview...
- Offenses Punishable Above 7 Years & Triability by Court of Sessions
Main Points and Insights:
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Offenses under Special Acts with Punishment Above 7 Years: Many special statutes, such as the Narcotic Drugs and Psychotropic Substances Act, Prevention of Damage to Public Property Act, and other related Acts, prescribe punishments exceeding 7 years. These offenses are generally triable exclusively by the Court of Sessions, as clarified in various judgments Dara Singh Alias Darbara Singh VS Tej Kaur W/o Tar Singh - Punjab and Haryana, STATE OF GUJARAT VS BILLAH AHMAD UMARALI SHEIKH - Gujarat, BABAR ALI KHAN AND 3 OTHERS Vs State - Allahabad.
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Jurisdiction and Trial Procedures: The Special Courts constituted under certain Acts are not always equivalent to Courts of Session; they have specific jurisdictional provisions. For offenses punishable with more than 7 years, the trial is typically conducted by the Court of Sessions, unless explicitly stated otherwise Dara Singh Alias Darbara Singh VS Tej Kaur W/o Tar Singh - Punjab and Haryana, RANJIT CHATTERJEE VS STATE OF WEST BENGAL - Calcutta.
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Exceptions and Specific Provisions: Some statutes specify that certain offenses are triable as summons cases or by Magistrates, especially if the maximum punishment is less than 7 years or if special reasons are recorded. For example, offenses under Section 7(1)(a)(ii) of the ECA, punishable with up to two years, are not triable exclusively by Sessions Court Siddheswari Distributors VS STATE OF WEST BENGAL - Calcutta, LAKSHMI KANTA DEY VS STATE OF WEST BENGAL - Calcutta.
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Summary Trial and Special Courts: Special Judges under Acts like the ECA are deemed to have the powers of Sessions Judges when dealing with offenses punishable with more than 7 years, emphasizing the exclusive jurisdiction of the Sessions Court for such serious offenses Siddheswari Distributors VS STATE OF WEST BENGAL - Calcutta.
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Legislative Intention: The legislature intended that offenses with punishments exceeding 7 years should be triable by the Court of Sessions, with some exceptions based on specific statutory provisions or if the offense is not exclusively triable by Sessions Court Dara Singh Alias Darbara Singh VS Tej Kaur W/o Tar Singh - Punjab and Haryana, Anitha Mohan Waghmare VS IV Addl. Metropolitan Magistrate, Ranga Reddy District - Crimes.
Analysis and Conclusion:
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Offenses punishable with more than 7 years under Special Acts are generally triable exclusively by the Court of Sessions. This includes statutes like the NDPS Act, Prevention of Damage to Public Property Act, and certain provisions under the ECA, among others.
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Exceptions exist where offenses are triable as summons cases or by Magistrates, particularly when the maximum punishment is less than 7 years or if the statute explicitly provides so.
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Special Courts established under these Acts are not always equivalent to Sessions Courts but are vested with specific powers, especially when dealing with serious offenses exceeding 7 years of punishment.
References:
- Dara Singh Alias Darbara Singh VS Tej Kaur W/o Tar Singh - Punjab and Haryana
- STATE OF GUJARAT VS BILLAH AHMAD UMARALI SHEIKH - Gujarat
- RANJIT CHATTERJEE VS STATE OF WEST BENGAL - Calcutta
- Siddheswari Distributors VS STATE OF WEST BENGAL - Calcutta
- Anitha Mohan Waghmare VS IV Addl. Metropolitan Magistrate, Ranga Reddy District - Crimes
- BABAR ALI KHAN AND 3 OTHERS Vs State - Allahabad
- The Court on its on Motion : Suo Moto VS State of Kerala, Represented by Regional Drug Inspector, Office of the Assistant Drugs Controller - Kerala
- Kasarabada Rajeswara Rao VS State OF A. P. by Public Prosecutor - Andhra Pradesh
This summary encapsulates the main legislative and judicial insights regarding offenses punishable with above 7 years under Special Acts and their triability by the Court of Sessions.
Search Results for "Offence Punishbale with above 7 Years under Special Act Triable by Court of Sessions"
1999 0 Supreme(P&H) 1270 • India - Punjab and Haryana
T.H.B.CHALAPATHI
The intention of the Legislature was that the offenses not triable by the Court of Session under the CrPC are to be tried by the ... - SPECIAL COURT CAN DIRECTLY TAKE COGNIZANCE OF OFFENCES UNDER THE ACT. ... The Special Court constituted under the Act is not a Court of Session as understood under the provisions of the CrPC. 3. ... Under the said classification, the off....
2015 0 Supreme(Bom) 2209 • India - Bombay
A.R.JOSHI
Court in the matter of offences which are triable by the Sessions Court. ... of offences which are triable by the Court of Session but it only makes distinction regarding which class of Judges can pass sentences ... mentioned in the said section or anywhere in the Act that for a special reason to be recorded punishment less than seven years can ... So far as the offence....
1986 0 Supreme(Cal) 203 • India - Calcutta
S.Ahmed
, 1981 - Offences under Section 7(1)(a)(ii) of the Act - Interpretation of Section 12AA of the Act - Summary Trial - Powers of Special ... Special Judges under the ECA were deemed to be Sessions Judges and not Magistrates, and therefore could not exercise the powers of ... Offenses punishable under Section 7(1)(a)(ii) of the ECA were not summons cases as they carried a maximum sentence of seven years ... ....
1985 0 Supreme(Cal) 328 • India - Calcutta
N.G.CHAUDHURI, GOBINDA CHANDRA CHATTERJEE
offence was triable by a Magistrate. ... Whether the offence under S. 27 (a) (ii) of the Drugs and Cosmetics Act, 1940, is triable exclusively by a Court of Session? 2. ... DRUGS AND COSMETICS ACT 1940 - S. 27 (A) (II) - TRIAL - JURISDICTION - WEST BENGAL - OFFENCE UNDER S. 27 (A) (II) - PUNISHABLE ... S. 209 lays down that when an offence is exclusively triable by a Co....
1995 0 Supreme(Guj) 180 • India - Gujarat
D.G.KARIA
cognizable and triable by court of Sessions - Trial & acquittal of offence under Sec. 20(b)(ii) by Judicial Magistrate - Held, Trial ... Thus, by virtue of Sec. 37 of the NDPS Act, the offence punishable under Sec. 20 of the NDPS Act was exclusively triable by the Court ... by Court of Sessions. ... Thus, by virtue of sec. 37 of the NDPS Act, the offen....
• India - Crimes
SANJAY KUMAR, M.SEETHARAMA MURTI
seeking release of her husband who along with others was arrested in connection with crime registered for offence punishable under ... Section 20 (b) of Narcotic Drugs and Psychotropic Substances Act, 1985—Offence which Petitioners husband was alleged to have committed ... than ten years but which may extend to twenty years besides fine—Act of Magistrate in entertaining further applications for remand ... The said offence is punishable#HL_E....
1986 0 Supreme(Cal) 198 • India - Calcutta
SHAMSUDDIN AHMED
However, offences punishable under Section 7(1)(a)(ii) of the E.C. ... Act by Special Courts constituted under the Act. 2. ... to two years, does not amend Section 7 of the E.C. ... Obviously offences triable under S.7(1)(a)(i) is a summons case as defined by the Cr.P.C. I may mention again that decision was arrived at when the (Special Provisions) Act did not c....
• India - Allahabad High Court
RAJEEV MISRA
3/4 of the Prevention of Damage to Public Property Act is triable by the Court of Sessions as it is punishable with a maximum sentence ... Issues: Whether an offence under section 3/4 of the Prevention of Damage to Public Property Act is triable by the Court of ... Court of Sessions as an offence under section 3/4 of the Prevention of Damage to Public Property Act#HL_E....
2019 0 Supreme(Ker) 983 • India - Kerala
R.NARAYANA PISHARADI
by the accused are not exclusively triable by a Court of Session or a Special Court under the Act and therefore, the order of the ... 22(3) of the Act which is exclusively triable by a Court of Session-In the letter dated 25.03.2017, the Second Additional Sessions ... relation to an adulterated drug or spurious drug, is triable by the Magistrate's Court and not ....
2004 0 Supreme(AP) 67 • India - Andhra Pradesh
K.C.BHANU, BILAL NAZKI
an accused for offence which is not triable in summary ... way ... ... Special Court constituted under provisions of Sec.12-A of E.C ... ESSENTIAL COMMODITIES ACT, Secs.7(i),12-A,12-AA(f) r/w A.P. ... " ... ( 11 ) NOW the offences with which the petitioners have been charged in addition to the offences under the Essential Commodities act are not triable by the Sessions Court#HL_....
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