HASIM MASOOD Vs. STATE

JUDGEMENT

(1.) This revision is directed against the order dated 10.7.1996 passed by the Special Judge, Delhi directing separate trial of the petitioner in respect of the offences punishable under Section 420, IPC, under Section 63 of the Copyright Act and under Sections 78/79 of the Trade Mark and Merchandise Act.

(2.) Briefly stated the facts giving rise to this revision are that Sub-Inspector Magan Singh, on the basis of some secret information, raided the godown of the Jullandhar Delhi Transport Company and recovered two cartons containing certain gas regulators on 24.9.1991. On interrogation, Shri Ashok Kumar, an agent of the said transport company, disclosed that the seized regulators were booked by Pawan Kumar Gupta owner of M/s. Gupta Agencies. Thereupon a case under Section 63 of the Copyright Act and under Sections 78/79 of the Trade Mark and Merchandise Act and Section 420, IPC was registered against the accused Pawan Kumar Gupta. During investigation of the case, house of the petitioner was also searched and 4,575 regulator plates alongwith certain articles were recovered therefrom. On completion of the investigation the petitioner alongwith the co-accused Pawan Kumar Gupta were charge-sheeted for the aforesaid offences.

(3.) When the matter came up before the Metropolitan Magistrate for consideration on charges he found that the material collected by the Investigating Agency also discloses an offence punishable under Sections 3/7 of the Essential Commodities Act which is exclusively triable by the Special Judge. He, therefore, committed the case to the Court of the Special Judge vide orders dated 1.11.1994. On 27.5.1996, the learned Special Judge formulated the following questions for making reference to this Court under Section 395, Cr.P.C. : 1. Whether the Special Court can try this case? 2. If so, whether search, seizure and entry by the police is illegal and vitiate the proceedings?