LAWS(CAL)-1976-9-16

K M WAHI Vs. STATE OF WEST BENGAL

Decided On September 09, 1976
K M WAHI Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) THIS is an appeal from a judgment of Sabyasachi mukharji, J. dated 30 March, 1976, on an application under Article 228 of the Constitution. The appellant was the petitioner before the Trial Judge. He has challenged a trial before a special Court constituted under the West Bengal Criminal Law Amendment (Special Courts) Act 1949, hereinafter called the "special Courts Act. "

(2.) THE question involved in this case is whether in a trial on police Report by a Special Court for the Prevention of Corruption, the provisions of Sec. 251a of the Code of Criminal Procedure, hereinafter called the "code" are to be followed.

(3.) IT would be necessary in this case to go into some of the developments relating to the Code, the Special Courts Act as also the Prevention of Corruption Act 1947.