SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the offence under Section 5 of the Explosives Substances Act prior to amendment in 2002 which inter alia carried a punishment of transportation for 14 years, one exclusively triable by a Court of Session This is the short point for consideration in this Crl. M.C.

(2.) The petitioner is the accused along with others in a crime registered, inter alia, under Section 5 of the Explosive Substances Act and Section 435 read with 149 I.P.C. The case against the co-accused has already been committed to the Court of Sessions as per order dated 09-12-2002 in C.P. 67 of 2001 passed by the learned Magistrate, a copy of which is produced as Annexure-VI. As the petitioner (accused No. 3) was not available for committal, the case against him has been refiled as C.P. 57 of 2002. On coming to know of the proceedings against him, the petitioner had appeared before the learned Magistrate and has now been enlarged on bail as per order of the Sessions Court, a copy of which is produced as Annexure-V.

(3.) The petitioner has come to this Court raising a grievance that the case against him has been unnecessarily registered as a committal proceedings. No committal is required. The offence is triable by the First Class Magistrate and in these circumstances, registration of the case as a committal proceedings is bad in law. The petitioner apprehends that the learned Magistrate may repeat the error which has been committed in Annexure-VI order in respect of the co-accused - of committing the case to the Court of Sessions. In these circumstances, it is prayed that it may be clarified that registration of the case as a committal proceedings, is incorrect in law and that trial must be held before the learned Magistrate.