STATE OF ASSAM Vs. KEISING JAMES

JUDGEMENT

(1.) This is a reference made by the learned Special Judge. CBI. Assam. Guwahati. The question, which has been referred to this Court for its answer is re-produced herelnbelow : Whether the Court of Special Judge, CBI, Assam, Guwahatl, should try RC No. 04(A)/90-SLC, where there is no accusation of accused persons having committed any offence under the Prevention of Corruption Act?

(2.) I have heard Mr. D. K. Das, learned Standing Counsel for the CBI. and Mr. Z. Kamar, learned counsel for the accused.

(3.) Before proceeding to ascertain the answer to the question, which has been posed above, it is necessary to take note of Section 395, Cr. P. C., whereunder a 'reference' is made. Section 395, Cr. P. C. reads as under :-