GANESHPRASADKARN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the order dated 13-2-92 passed by the Special Judge, Deoghar, in Special Case No. 5/91 taking cognizance under Section 7 of the E.C. Act and 120-B and 420 of the Penal Code.

(2.) According to the prosecution case, Eastern Railways Consumers' Co-operative Society was running a Public Distribution Shop having a licence under the control orders issued under EC. Act. The petitioner at the relevant time was posted as Supply Inspector. The inspection of the shop revealed violation of the terms and conditions of the licence and the control orders. The petitioner is alleged to have released sugar in favour of the Society beyond his power. The sugar is alleged to have been sold in the black market.

(3.) The counsel for the petitioner referred to the provisions of Section 12-AA of the Act and submitted that the cognizance and the trial of the petitioner for the offence under Section 120-B and 420 I.P.C. by the Special Judge is not permissible in law is the said offences are not triable in summary one which is to be followed in case of the trial of cases under the Act. The power to take cognizance and trial of offence under EC Act is vested in the special courts. According to the first Proviso to sub-section (2) of section 12-AA of the Act the offence which are triable in a summary way can only be tried with the offence under the E.C.Act.