JAGDISH PRASAD GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted,

(2.) The appellant who has been challenged for offences punishable under the Essential Commodities Act has challenged the order passed by the High court of Rajasthan transferring his case No. 3 of 1991 pending before the court of the Judicial Magistrate for CBI cases at Jaipur to the Special court constituted under the Essential Commodities Act. It may be mentioned that along with the case of the appellant six more cases were transferred in the same manner at the request of the CBI.

(3.) The learned counsel for the appellant submits that the offence punishable under Section 406 cannot be tried summarily and the Special court constituted under Section 12-A of the Essential Commodities Act can only try offences under the Act summarily; the object being speedy disposal of these cases. There is a provision, namely, Ss. (2 of Section 12-AA of the Essential Commodities Act which lays down that when trying an offence under the Essential Commodities Act, a Special court so constituted may also try anoffence other than an offence under the Essential Commodities Act with which the accused may, under the Code, be charged at the same trial; provided that a such other offence is, under any other law for the time being in force, triable in a summary way.