STATE OF J&K Vs. MUSHTAQ AHMAD GANAI

JUDGEMENT

(1.) Conflict between Section 30 of the Code of Criminal Procedure and Schedule II under the head "Offences Against Other Laws" vis-a-vis trial by the Court and the law as laid down in State v. Ashok Kumar & Ors. has prompted the court of learned Sessions Judge Srinagar to refer the matter to this Court for opinion while having recourse to Section 432 of the Code. As per part of the Schedule II under the head "Offences Against Other Laws", it is provided that where the punishment for the offence is imprisonment of seven years or upwards same is to be tried by the Court of Sessions as reflected in Column 6th of the said Schedule. Some of the offences under Essential Commodities Act are punishable with imprisonment which may extend upto seven years so as per Schedule referred the offence is triable by the Court of Sessions. In the Central Code of Criminal Procedure under the head "Offences Against Other Laws" when the imprisonment is not more than seven years the case is triable by the Magistrate of the First Class.

(2.) The position vis-a-vis trial of the cases by the court as reflected in the If Schedule is subject to the control as contained in Section 30 of the Code. Section 29(2) of the Code reads as under:-

(3.) The position of Section 29 is controlled by Section 30 which reads as under:-