ASGARALI NAZARALI SINGAPOREWALLA Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This appeal with special leave under Art. 136 of the Constitution is direct against a judgment of the High Court of Judicature at Bombay setting aside the acquittal of the appellant by the, Court of the Presidency Magistrate. 19th Court, Bombay and ordering his retrial by the Court of the Special Judge, Greater Bombay in accordance with the Provisions of the Criminal Law Amendment Act, 1952 (Act XLVI of 1952).

(2.) The appellant was accused 3 in the Court of the learned Presidency Magistrate. Accused 1 was the Mehta in the employ of a firm called Messrs M.M. Baxabhoy and Co., accused 2 was the manager of the said firm. The appellant and accused 4 and 5 were Receivers of the firm, in litigation in regard to it. They were all charged with offences under S. 161 read with S.116 and further read either with S.109 or S.114 of the Indian Penal Code for offering to one Jibhai Chhotalal Barot, a sub-inspector of police attached to the Anti-Corruption Branch of the C.I.D. the sum of Rs. 1,25,000 as illegal gratification other than legal remuneration as a motive or reward for his showing favour to the accused and to the firm Messrs M. M. Baxabhoy and Co. in the exercise of his official functions. The offence was alleged to have been committed on 28th July 1950 and the accused were charge-sheeted on 16th June 1951; the trial commenced on 14th July 1951, and charges were framed on 27th September 1951. 40 witnesses were examined and 226 documents were exhibited in the course of the trial, and the prosecution closed its case on 25th July 1952.

(3.) During the course of the trial the Criminal Law Amendment Act, 1952 (Act XLVI of 1952) hereinafter called the impugned Act was enacted by Parliament on 28th July 1952, being an Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1898 and to provide for a more speedy trial of certain offences, viz., offences punishable under S.161, S.165 or S. 165A of the Indian Penal Code or sub-s.(2)of S.5, of the Prevention of Corruption Act, 1947(Act II of 1947) and any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified above. The learned Presidency Magistrate proceeded with the trial and after the examination of the appellant under S.342 of the Criminal P.C., the appellant filed his written statement on 14th August 1952. The addresses commenced thereafter. The prosecution commenced its address on 26th August 1952 ending it on 5th September 1952. The defence thereafter addressed the learned Magistrate. In the meantime on 23rd September 1952 the Government of Bombay by a notification appointed a Special Judge to try offences specified above and this appointment was notified in the Official Gazette on 26th September 1952. The defence concluded its address on 26th September 1952 and the learned Presidency Magistrate delivered his judgment on 29th September 1952 wherebythe convicted the accused 1 and 2 of the offences with which they were charged and sentenced them each to nine months rigorous imprisonment and a fine of Rs. 1,000 in default 6 months' rigorous imprisonment. He however aquitted the appellant and the accused 4 and 5 of these offences.