HABIBULLA KHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) The Orissa Special Court Act, 1990 (hereinafter referred to as the "Special Courts Act") which came into force on 27th July,1992 after receiving the assent of the President, provides for constitution of special Courts of offences and for the confiscation of property involved in such offences. Section 2(d) of that Act defines "offence" to mean an offence of criminal misconduct within the meaning of clause (e) of sub-section(1) of Section 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act"). Section 5(1) of the Special Courts Act, as amended by the Amendment Act of 1993 reads as follows;

(3.) Clause (e) of sub-section(1) of Section 13 of the Act defines "offence of criminal misconduct"as follows :