G A NATARAJAN Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE appellant has filed an application for setting aside the conviction and sentence and remanding the case for fresh disposal to the Court below, in view of the provisions enacted in the Anti -Corruption Laws (Amendment) Act, 1967. The judgement in this case convicting the appellant was delivered on 29 -4 -67 and the appeal before this Court was filed on 1 -5 -67. The Anti -Corruption Laws (Amendment) Act came into force on 5 -5 -67. Therefore, it is urged that under Sub -Ss. (2) and (3) of Section 2 of the said Amending Act, 1967, this case has to be remanded for re -trial.

(2.) LEARNED Government -Advocate, while not disputing the statements of fact, contends that the judgement of the Special Judge shows that the appellant was prosecuted and convicted keeping in view Sub -Section (3) of Section 5 of the 1947 Act as it stood before its deletion under the 1964 Amending Act. To such a case, the provisions of the 1967 Amending Act on which reliance has been placed by learned counsel for appellant will not apply.

(3.) HENCE , I allow the appeal, set aside the conviction and sentence and direct that the case be remanded to the Special Judge for trial and disposal in conformity with the provisions contained in the 1967 Amending Act. Appeal allowed.