PAWAN KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 413 of 1984 also.

(2.) The First Additional Sessions Judge, Raigarh, purporting to act as a Special Court constituted under section 12 A of the Essential Commodities Act, 1955, vide his judgment dated 21.3.1984, passed in Special Criminal Case No. 21 of 1983, convicted two persons namely Vinod Kumar and Pawan Kumar under section 7 read with Section 3 of the said Act for contravening clause 3 of the M.P. Food grains Dealers Licensing Order, 1965 and sentenced them each to rigorous imprisonment for six months and a fine of Rs. 1000/ and in case of default in payment of fine to undergo simple imprisonment for one month. It is being aggrieved by it that accused Pawan Kumar has filed the present appeal under section 12 AB of the Act in this Court. Criminal Appeal No. 413 of 1984 has been similarly filed by accused Vinod Kumar. As the appeals deserve to be allowed on a question of law going to the root of the matter, it is not necessary to go into the fact of the case in detail. It is sufficient to say that it was the Sessions Judge, Raigarh who took the cognizance of the case against the two accused on 16.4.1983. However, thereafter, by virtue of the order dated 20-12-1983 passed by him, transferring the said case for disposal to the First Additional Sessions Judge, Raigarh, the same was tried and disposed of by the latter vide his judgment dated 21-3- 1984 referred to above.

(3.) The argument that the First Additional Sessions Judge, Raigarh was vested with no jurisdiction to try the applicants as a Special Court under section 12A of the Essential Commodities Act and that their trial by him was as such void is well founded and deserves to be accepted.