STATE Vs. SAJID MOHD

JUDGEMENT

(1.) LEARNED Sessions Judge, poonch has made this reference for quashing the proceedings and its order taking cognizance in case State v. Said Mohd under section 4/5 Explosives Substances Act, 1908, without its having been committed to it.

(2.) LEARNED Sessions Judge says that taking of cognizance by the Court, without its having been committed to it by the Magistrate, was an error of law and jurisdiction which according to him, would vitiate the trial.

(3.) I am not impressed by the view taker; by the learned Sessions Judge when he, at the fag end of the trial, suo motu records the finding that the proceedings held by him in the case, without its having been committed to it for trial by the competent Magistrate, stood vitiated.