{"id":41629,"date":"2003-05-06T00:00:00","date_gmt":"2003-05-05T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/k-aravind-vs-the-inspector-of-police-on-6-may-2003"},"modified":"2016-08-25T05:54:28","modified_gmt":"2016-08-25T00:24:28","slug":"k-aravind-vs-the-inspector-of-police-on-6-may-2003","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/k-aravind-vs-the-inspector-of-police-on-6-may-2003","title":{"rendered":"K.Aravind vs The Inspector Of Police on 6 May, 2003"},"content":{"rendered":"
Madras High Court<\/div>\n
K.Aravind vs The Inspector Of Police on 6 May, 2003<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 06\/05\/2003\n\nCORAM\n\nTHE HONOURABLE MR.JUSTICE V.KANAGARAJ\n\nCRIMINAL ORIGINAL PETITION NO.18728 OF 2002\nAND\nCrl.M.P.No.7588 OF 2002.\n\n\n1. K.Aravind\n2. Ananthi\n3. K.Krishnasamy\n4. Ragunathan\n5. D.Sathish Issac\n6. R.Sathyamurthy\n7. T.Mariadoss\n8. K.Thirumaran\n9. R.Suresh\n10.R.Cheran\n11.C.Rajasekaran\n12.Mahendran\n13.A.Balaji\n14.P.Ramasamy\n15.N.Usharani Shree\n16.K.Sakthi Balaji\n17.K.Ganesh Karthik\n18.K.Lakshmanan @\n     Lakshminarayanan\n19.C.Arasu\n20.S.Sivaramakr\n21.A.R.Narayanan                        ..      Petitioners\n\n-Vs-\n\nThe Inspector of Police,\nCentral Crime Branch,\nChennai.                                ..              Respondent\n\n\n        Petition filed under Section  482  of  the  Criminal  Procedure  Code,\npraying for the relief as stated therein.\n\n\nFor petitioners:       Mr.Mohammed Rafi\n\nFor Respondents:       Mr. O.Srinath\n                        Govt Pleader\n\n\nO R D E R\n<\/pre>\n
                This  petition  has been filed praying to transfer the case in
\nC.C.  No.16 of 1998 from the Court of Special Judge, TNPID Act Cases, Chennai,
\nto the Court of Chief Metropolitan Magistrate, Egmore, Chennai.\n<\/p>\n
                2.    The   averments   of   the   petition   are   that   the
\npetitioners\/accused have been charged for an offence punishable under Sections
\n120(B), 409  , 420, 506(ii) IPC r\/w.  Section 109 IPC and Sections 3, 4, 5 and
\n6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978;  that  the
\nrespondent police, upon receiving the complaint, registered the case under the
\nabove  said  Sections of law and after completing the investigation, they laid
\nthe  charges  against  the  petitioners\/accused  only  under  the  above  said
\nprovisions  of  law offences and on 05.12.1996 , the charge sheet was filed in
\nC.C.No.8271 of 1996 before the Court of Chief Metropolitan Magistrate, Egmore,
\nChennai.\n<\/p>\n
                3.  The further case of the petitioners are that the  case  in
\nC.C.   No.8271  of 1996 got transferred to the Special Judge, TNPID Act Cases,
\nChennai and it was renumbered as C.C.No.16 of 1998 without any information  to
\nthe   petitioners\/accused   and  thereupon,  the  petitioners  were  regularly
\nattending the above case before the Special Judge, TNPID Act  Cases,  Chennai;
\nthat Section 26 Cr.P.C.  provides trial of the cases by the Special Court only
\nif  offences  under special laws are included, whereas, in the above case, the
\nrespondent Police have filed the charge sheet only for the offences under  IPC
\nand Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and not under
\nSection 5 of TNPID Act, which is triable by the Special Court for TNPID Act in
\nChennai.\n<\/p>\n
                4.  The petitioners would further submit that as per Section 9
\nof  the  Prize  Chits  and  Money Circulation Schemes (Banning) Act, 1978, the
\nChief Metropolitan Magistrate alone shall  try  the  offences  and  other  IPC
\noffences  can  be  tried  before  the  same  Court,  whereas,  the  Tamil Nadu
\nProtection of Interest of Depositors (in Financial Establishments)  Act,  1997
\ncame  into  force  only  on  7.8.1997 and the Special Court was constituted on
\n20.03.1998 to try the offences attracted  under  the  TNPID  Act  through  the
\nnotification  in G.O.Ms.No.1687, Home (CourtsII) Department, dated 20.11.1997;
\nthat this Court has repeatedly and categorically held that in such cases,  the
\ncases  shall  be  transferred to the concerned jurisdictional Courts and hence
\nthe order of taking cognizance by the Special Court for  TNPID  Act  cases  in
\nC.C.No.16  of  19  98  without  any charge u\/sec.5 of the said Act is illegal,
\nimproper and not maintainable and the said case shall be  transferred  to  the
\nCourt of Chief Metropolitan Magistrate, Egmore, Chennai.\n<\/p>\n
                5.   Though  no  counter has been filed by the respondent, the
\nlearned Government Advocate on the criminal side representing  the  respondent
\nwould argue that as per Section 6 of the TNPID Act all pending cases should be
\ntransferred  to  the  Special  ing  yet another provision of law under Section
\n13(1) and 13(2) the learned Government  Advocate  would  point  out  that  the
\npunishment  is  made  more stringent than what it has been contemplated before
\nthis new Act came into force and the higher punishment contemplated in the new
\nAct only could not be inflicted even though there is  no  impediment  for  the
\ntrial  of  cases  transferred to the Special Court which has been done only in
\naccordance with the provisions of the Act and it cannot be said that the trial
\ncannot be held by the Special Court constituted  nor  the  competency  of  the
\nSpecial  Court  in  conducting  the  trial  since such of the Acts are neither
\nrepugnant nor any illegality is involved in those cases  being  tried  of  the
\nSpecial Court.\n<\/p>\n
        6.  But, on the contrary, the learned counsel for the petitioner would
\nattack  the  arguments  of  the  learned Government Advocate stating that when
\nthere are specific charges framed and already a final report  has  been  filed
\nunder the then existing laws, the Special Court could not have jurisdiction to
\ntry the  case.  The learned counsel would further argue that Sections 6(3) and
\n13 of the TNPID Act would lay down the procedures regarding the trial  and  no
\nspecific  charge has been framed under the said Act and therefore the question
\nof trying under the said Act does not arise.  The learned counsel  would  also
\npoint out that the offence complained of since being one in the year 1996 long
\nprior  to  the advent of the Act, which came to force only on 7.8.1997 and the
\nSpecial Court itself came to be const ituted on 20.3.1998, under Article 20(1)
\nof the Constitution, no conviction could sustain under the subsequent Act that
\ncame into force to the date of commission of the offence charged nor could any
\nperson be subjected to a penalty greater than  which,  that  might  have  been
\ninflicted at the time of commission of offence.\n<\/p>\n
        7.   In  consideration  of  the  facts  pleaded,  having regard to the
\nmaterials placed on record and upon hearing the learned counsel for both since
\nto the facts and circumstances of the case in hand and the relief  sought  for
\nby  the  petitioner  the  relevant  provision  of  law is Article 20(1) of the
\nConstitution of India and within the meaning, implications,  and  significance
\nof  which  a  decision has to be taken in the above Criminal Original Petition
\nseeking retransfer of the case from the Special Court of TNPID  Act  cases  to
\nthat of the Court in which the case lay at the time of registration of the FIR
\ni.e.   the  Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai
\nand therefore, it is relevant to extract Article 20(1) of the Constitution  of
\nIndia.\n<\/p>\n
“20.  Protection in respect of conviction for offences:-(1) No person shall be
\nconvicted  of any offence except for violation of the law in force at the time
\nof the commission of the act charged as an offence,  nor  be  subjected  to  a
\npenalty  greater  than  tha t which might have been inflicted under the law in
\nforce at the time of the commission of the offence.”\n<\/p>\n
        8.  On a plain reading of the above Constitutional provision a  person
\nshall  be  convicted  for any offence for the violation of the law in force at
\nthe time of commission of the act charged as an offence, nor he  be  subjected
\nto  a  penalty  greater than what could be inflicted under the law in force at
\nthe time of commission of the said offence.  In short, it could be stated that
\nthe conviction could be only in accordance with the law in force at  the  time
\nof  commission  of  the act charged and the penalty shall also be inflicted in
\naccordance with law in force  at  the  time  of  commission  of  the  offence.
\nNeedless  to  mention  that it is the time of commission of offence which is a
\nrelevant factor for consideration in order to  ascertain  the  conviction  and
\nsentence  to  be  inflicted  particularly  to  decide  whether  it could be in
\naccordance with the then  prevailing  laws  or  in  accordance  with  the  new
\nLegislation or amendment introduced after the commission of the offence.\n<\/p>\n
        9.   However,  the  learned  Government  Advocate on the Criminal side
\nciting Sections 6, 13(1) and 13(2) of the TNPID Act, 1997  would  submit  that
\nunder  Section  6(1)  a  Special Court in the cadre of a District and Sessions
\nJudge shall be constituted by the Government with the concurrence of the Chief
\nJustice of the High Court which has been constituted and is functioning and it
\nis to this Court the case in hand has been transferred.\n<\/p>\n
        10.  As per Section 6(2) of the TNPID Act, no  Court  other  than  the
\nSpecial  Court  shall  have jurisdiction in respect of any matter to which the
\nprovisions of this Act apply and Section 6(3) contemplates  that  any  pending
\ncase  in any other Court to which the provisions of this Act apply shall stand
\ntransferred to the Special Court.\n<\/p>\n
        11.  Needless to mention that Sections 6(2) and 6(3) are mandatory  in
\nnature.   So  far as these sub-sections (2) and (3) of Section 6 are concerned
\nas it has been well remarked by the learned Government Advocate they have tobe
\ncomplied with and in compliance of these mandatory provisions of law  all  the
\npending  cases of such nature instituted in other Courts immediately after the
\nadvent of this Act got transferred to the Special Court having jurisdiction in
\nrespect of those matters and therefore, according to the  Government  Advocate
\nthe transfer  effected  to  the Special Court is just and proper.  The learned
\nGovernment Advocate would further submit that added to these Sections, Section
\n13(1) and 13(2) would also specify the procedure to be adopted by the  Special
\nCourt  which  is  nothing but the procedure prescribed in the Code of Criminal
\nProcedure, 1973 and therefore, the learned Government Advocate would  seek  no
\nvalid  ground  for  the  petitioner  to  offer,  while  the  law  is  such and
\nparticularly as per Section 14 of the TNPID Act being the Special Act ‘has got
\nthe over-writing effect notwithstanding anything contained in  any  other  law
\nfor  the time being in force or customary usage which is inconsistent with the
\nprovisions of this Act.’ Learned Government Advocate during the course of  his
\narguments would also point out that only the higher punishment contemplated in
\nthe new Act could not be inflicted and there is no impediment for the trial of
\ncases  transferred  to  the  Special  Court  being conducted by the said Court
\nitself since the same is going to be conducted only  in  accordance  with  the
\nprocedures prescribed  by  the  Cr.P.C.  and therefore, the learned Government
\nAdvocate would end up his  arguments  with  the  note  to  dismiss  the  above
\nCriminal Original Petition filed by the petitioner.\n<\/p>\n
        12.   Now  the  point for consideration is whether the transfer of the
\nsaid case from the Court of  original  jurisdiction  i.e.    Additional  Chief
\nMetropolitan  Magistrate  to  that  of the Special Court constituted under the
\nTNPID Act is violative of the Article 20(1) of the Constitution of India so as
\nto order retransfer the case to the earlier Court for the conduct of trial  as
\nit  has  been  prayed for, on the part of the petitioner in the above Criminal
\nOriginal Petition?\n<\/p>\n
        13.  Even though as against the provisions of the general Acts such as
\nthe Cr.P.C.  the provisions of the TNPID Act will definitely prevail, since it
\nhas got the overriding effect, not only being a  Special  Act  but  also  very
\nclearly and mandatorily providing for transferring cases of such nature to the
\njurisdiction of the Special Court constituted under the new Act as per Section
\n6  of the said Act, still, the test is whether those provisions of the Special
\nAct the TNPID Act, 1997 could have anything todo with any of the  Articles  of
\nthe  Law of the Land, the Constitution of India and the answer is certainly in
\nthe negative and therefore it is relevant to  again  focus  the  attention  to
\nArticle  20(1)  of the Constitution of India wherein it has been clearly spelt
\nout that the case cannot be tried under any other law  excepting  the  law  in
\nforce  at  the  time  of  commission of the act charged as an offence for such
\nviolation and therefore the arguments advanced on  the  part  of  the  learned
\nGovernment  that  as  per  Section  6(2)  and  6(3)  since  the  case has been
\ntransferred to the jurisdiction of the Special Court there is no impediment in
\nconducting the trial in accordance with the procedures established by  Cr.P.C.
\nto  only  penalty  cannot  go  beyond what has been contemplated by the law in
\nforce at the time of the commission of the act charged, falls  to  the  ground
\nsince  it  is  not only the sentence but the very conviction as well cannot be
\nmaintained and without arriving at the conviction, question of sentence cannot
\nbe arrived at all.  While the Constitutional mandate is such that not only the
\nconviction but the sentence as well cannot be arrived at and  inflicted  other
\nthan  in  accordance  with  the  law in force at the time of commission of the
\noffence charged, the provision of which are alleged to have been violated  and
\ntherefore since being violative of Article 20(1) of the Constitution of India,
\nno  conviction or sentence could be maintained and therefore there is no point
\nto permitting the trial to be held by the Special  Court  and  in  result  the
\nprayer  of the petitioner to retransfer the case from the file of the Court of
\nSpecial Judge for TNPID Act cases Chennai to the Court of  Chief  Metropolitan
\nMagistrate,  Egmore, Chennai has to be considered in the affirmative and hence
\nthe following order:\n<\/p>\n
        In result,\n<\/p>\n
        (i) the above Criminal Original Petition  succeeds  and  the  same  is
\nallowed;\n<\/p>\n
        (ii) the case in C.C.No.16 of 1998 pending on the file of the Court of
\nSpecial Judge, TNPID Act cases, Chennai
\nis  ordered  to  be transferred to the Court of Chief Metropolitan Magistrate,
\nEgmore, Chennai;\n<\/p>\n
        (iii)  the  matter  is  remitted  back  to  the  file  of  the   Chief
\nMetropolitan  Magistrate,  Egmore, Chennai to frame charges in accordance with
\nthe provisions of law which were in force at the time  of  commission  of  the
\noffence  on  such  materials  placed  before the said Court and to conduct the
\ntrial following the procedures so as to deliver the judgment on merits and  in
\naccordance with law.\n<\/p>\n
        iv) Consequently, Crl.M.P.No.7588 of 2002 is closed.\n<\/p>\n
                                        6.5.2003.\n<\/p>\n
Index:Yes
\nInternet:Yes
\ngs\/Rao<\/p>\n
To\n<\/p>\n
1.  The Inspector of Police, Central Crime Branch,Egmore, Chennai.\n<\/p>\n
2.  The Special Court for TNPID Act Cases, Chennai.\n<\/p>\n
3.  The Chief Metropolitan Magistrate, Egmore, Chennai-8.\n<\/p>\n
4.  The Public Prosecutor, High Court, Madras.\n<\/p><\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court K.Aravind vs The Inspector Of Police on 6 May, 2003 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06\/05\/2003 CORAM THE HONOURABLE MR.JUSTICE V.KANAGARAJ CRIMINAL ORIGINAL PETITION NO.18728 OF 2002 AND Crl.M.P.No.7588 OF 2002. 1. K.Aravind 2. Ananthi 3. K.Krishnasamy 4. Ragunathan 5. D.Sathish Issac 6. R.Sathyamurthy 7. T.Mariadoss 8. K.Thirumaran […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-41629","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nK.Aravind vs The Inspector Of Police on 6 May, 2003 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/k-aravind-vs-the-inspector-of-police-on-6-may-2003\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"K.Aravind vs The Inspector Of Police on 6 May, 2003 - 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