LexSTATE OF TAMIL NADU versus PARAMASIVA PANDIAN
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STATE OFT AMIL NADU v. PARAMASIV A PANDIAN OCTOBER 30, 2001 [D.P. MOHAPATRA AND K.G. BALAKRISHNAN, JJ.] Essential Commodities (Special Provisions) Act, 1981-S.12-A-Essen- tial Commodities Act, 1955-S. 7( 1 )(a)( ii)-Special Court-Constituted to deal with cases under EC Act-Subsequently empowered to deal with cases under NDPS Act also-Ceased to exercise jurisdiction under EC Act on lapse of Special Provisions Act but continued to exercise powers under the NDPS Act-Remand of accused for offences under EC Act passed by the Special Court long after lapse of EC (Special Provisions) Act and ceased to have jurisdiction under EC Act-Correctness of-Held, orders of remand of ac- cused by Special Court are without jurisdiction-Special Court constituted.for trial of cases under NDPS Act has no power to exercise power under EC Act- High Court justified in directing prosecution of cases by area Magistrate- Code of Criminal Procedure, 1973-S. 167-Narcotic Drugs and Psychotropic Substances Act, 1985-Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1984. Special Courts were constituted under the Essential Commodities (Special Provisions) Act, 1981 to deal with cases under Essential Com· modities Act, 1955 (EC Act). Subsequently, the said Special Courts were also empowered to deal with cases under the Narcotic Drugs and psychotropic Substances Act, 1985 (NDPS Act). The Special Court consti- tuted under the EC Act ceased to exist after October, 1998 as the EC (Special Provisions) Act lapsed by efflux of time. However, the said Special Courts continued to function under the NDPS Act. Accused-respondents were alleged to have committed offences under the Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1984 read with Section 7(1)(a)(ii) of the EC A<;t in the year 2000 and were arrested and remand orders were passed by one such Special Court. Respondents filed petitions challenging the validity of their remand orders passed by the said Special Court. High Court allowed the petitions holding that the remand orders passed by the Special Court long after it ceased to exist were without jurisdiction and directed that the appellant State may proceed with the 525 A B c D E F G H 526 SUPREME COURT REPORTS (2001] SUPP. 4 S.C.R. A prosecution of cases before the area Magistrate. Aggrieved, the State filed the present appeals. Dismissing the appeals, the Court • HELD : 1.1. Special Court which ceased to be a Special Court under B the Essential Commodities (Special Provisions) Act, 1981 but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985 has no power to remand an accused implicated for an offence under the Essential Commodities Act, 1955 long after it has ceased to exercise the jurisdiction. High Court was justified in directing the appellant State to C proceed with the case before the area Magistrate. [527-D] D E F G H 1.2. During the period EC (Special Provisions) Act was in force the Special Court constituted for trial of offences under EC Act had exclusive· jurisdiction to try such cases. The Special Court had also the power to pass order of remand under Section 167 of the Code but the position changed after EC (Special Provisions) Act lapsed by efflux of time. Thereafter the position that used to prevail before the EC (Special Provisions) Act was enforced stood restored and the Judicial Magistrates who were previously competent to try cases under the EC Act got the jurisdiction to deal with such cases. [532-H; 533-A] 1.3. In the instant case, the offence under the EC Act were alleged to have been committed by the respondents in the year 2000 long after the · Special Court for cases under the EC Act had ceased to exist in the yea.r 1998. Consequently, the cases registered against the accused were to be dealt with in accordance with the provisions of the Principal Act i.e. EC Act, 1955 by the area Magistrates. Thus, the remand orders passed by the Special Court under the EC Act are incompetent. [532-C] 1.4. The Special Court constituted for cases under the NDPS Act is a Court of exclusive jurisdiction for trial of the particular classes of cases provided under the NDPS Act and it has not been vested with power of judicial Magistrates for the purpose of dealing with EC Act cases. Thus, the Special Court constituted for trial of cases under the NDPS Act cannot exercise the power of remand of an accused in
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