STATE OF WEST BENGAL versus FALGUNI DUTTA AND ANOTHER

STATE OF WEST BENGAL versus FALGUNI DUTTA AND ANOTHER

Section 167(5) CrPC applies to offences under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, triable by Special Courts in a summary manner, and empowers the Special Court to stop further investigation if not completed within six months unless special reasons justify extension; however, the Special Court remains competent to take cognizance on the police report for investigation conducted within the allowed period.

Parties
Appellant: State of West Bengal; Respondents: Falguni Dutta and another
Jurisdiction
India
Judgment Date
05 May 1993
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court Order in Crl. Revision No. 1453 of 1987
Outcome
Appeal partly allowed.
Legal Topics
Essential Commodities Act, Summary Trials, Special Courts, Section 167(5) Cr PC Applicability, Delay in Investigation
Criminal Law Essential Commodities Act Summary Trials Special Courts Section 167(5) Cr PC Applicability Delay in Investigation

Case Brief

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Parties

State of West Bengal

Appellant

Falguni Dutta and another

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court Order in Crl. Revision No. 1453 of 1987

Legal Issues

  1. 1 Whether a Special Court constituted under Section 12A of the Essential Commodities Act, 1955 is empowered to exercise powers under Section 167(5) of the Code of Criminal Procedure, 1973 in relation to an accused person forwarded to it under Section 12AA(1)(b) of the Act.
  2. 2 Whether a Special Court can take cognizance of the offence and proceed to try and punish the accused person, notwithstanding the fact that the charge-sheet is filed after expiry of the period of six months from the date of arrest of the accused person.

Ratio Decidendi

Section 167(5) CrPC applies to offences under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, triable by Special Courts in a summary manner, and empowers the Special Court to stop further investigation if not completed within six months unless special reasons justify extension; however, the Special Court remains competent to take cognizance on the police report for investigation conducted within the allowed period.

Court Disposition

Appeal partly allowed.

Orders

  • Order of the High Court quashing the Special Court cognizance is set aside to the extent that the Special Court may proceed on the police report based on investigation within six months; Special Court to proceed with the trial from that stage as early as possible.