RAJESH KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicants figured as accused persons in criminal case No. 1410/9/1981 which was pending in the court of C. J. M. Moradabad. It is stated that on 26.1.1977 the premises of the applicants were searched and 4 bars of Primary Gold are alleged to have been found concealed there, in a secret chamber, in the back of the shop. On such information being furnished by Income Tax Authorities to the authorities of Central Excise proceeding under Gold (Control) Act of 1965 was initiated and ultimately a complaint was filed under Section 8 of that Act by opposite party No. 3, namely, Assistant Collector Excise, Rampur. It is alleged that in pursuance of a Government Notification of September 16, 1982 for constituting Special courts for offences under various Central Acts including Gold (Control) Act 1968, issued by the Government, the court further issued notification No. 569 of 18.10.1982 appointing Sri R.K. Gupta Chief Judicial Magistrate, Allahabad as Judicial Magistrate First Class to preside over the Special court to try cases under specified Central Acts including Gold (Control) Act 1968 and the aforesaid case was then transferred to the aforesaid Special court at Allahabad and registered here as Case No. 136 of 1982.

(2.) The first point urged is that the scheme of Criminal Procedure Code indicates that courts can be created for functioning in each districts and consequently any court could not be created for trying offences in the whole of the State. In support of that argument reliance is placed upon Section 11, 12 and 14 of the Criminal Procedure Code. Section 11 of the Criminal Procedure Code runs as follows: Section 11.-Courts of Judicial Magistrates-

(3.) They are to be created in respect of particular class or classes of cases.