STATE OF MADHYA BHARAT Vs. MOHANLAL MOTILAL

JUDGEMENT

(1.) THE only question involved In this appeal is whether the Prevention of Corruption Act No. II of 1947 was the law in force within the limits of Railway lands at Mandsaur during the period from November 1947 to May 1948.

(2.) THE facts material for the purpose of this appeal are as follows: Accused Mohanlal Motilal Paul, who was formerly employed as Sub-Permanent Way Inspector Western Railways Mandsaur was prosecuted along with one J. D. Bhatt for offences under Sections 6 (2) read with Section 5 (1) (c) and (d) of Act No. II of 1947 referred to above and also under Section 420 read with Section 129 (b) I. P. C. before the Special Judge Ratlam. After the preliminary inquiry Bhatt was discharged and a charge was framed against Mohanlal under Section 5 (2) read with Section 5 (1) (c) and (d) of the aforesaid Act No. II of 1947. The trial then proceeded. Practically at the close of the trial by Notification No. 159 (5) J. 480-4/ 52 dated 27-7-1953 published in the Madhya Bharat Government Gazette dated 30-7-1953 two Special Judges were appointed in Madhya Bharat one at Indore and the other at Gwalior to try the offences investigated by Delhi Special Police Establishment and since the present case was one of that sort it was transferred for trial to Special Judge Indore within the limits of whose jurisdiction it fell. Here on the application of Special Public Prosecutor charge under Section 409 Indian Penal Code was added to the earlier charge under the Prevention of Corruption Act.

(3.) ON behalf of the accused, a petition was filed on 30-7-1954 whereby the jurisdiction of the Special Judge to try the case in question was challenged. It was contended by Mr. Deviprasad Bhargava the learned Counsel for the accused that the offences charged with are alleged to have been committed during the period from November 1947 to May 1948. One out of these is an offence under the Indian Penal Code. The place where the offences are alleged to have been committed is the Railway Station Mandsaur. Railway lands at Mandsaur were retroceded to the former Gwalior State on 15-8-1947. After this retrocession, the British Indian Laws ceased to be in force in that area and the laws of former Gwalior State became applicable. Therefore neither the Prevention of Corruption Act No. II of 1947 nor Indian Penal Code were applicable or were in force in that area. That Court therefore whose jurisdiction was confined to trial of cases under the Prevention of Corruption Act and the "indian Penal Code could not try the case even assuming that on the facts on record any other offence under the Penal Law of Gwalior is said to have been committed,