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Writ Petition No. 1013 of 1984, decided on 14th March, 1984.
--S. 5-B-Criminal Procedure Code (V of 1898), S. 190-Provisional Constitution Order (1 of 1981), Art. 9-Commercial Court, jurisdic tion of-Commercial Court, held, is a Special Court for trial of offences created by a Special Act-Court though has powers of Court of Sessions yet it is not a Court of Session and it can take cognizance of an offence in no other way except upon a complaint by an authorised officer of Export Promotion Bureau--Procedure while holding trial prescribed by Criminal Procedure Code, 1898 for trial of cases by Magistrates is followed but introduction of agency of Magistrate between Commercial Court and complainant, being in conflict with provisions of subsection (2) of S. 5-B, Imports and Exports (Control) Act, 1950, not permissible.
Abdul Hayee Mansoor Ahmad for Petitioner.
The petitioner is standing trial before a Commercial Court in respect of an offence created by the Imports and Exports (Control) Act, 1950. He has challenged the competence of the said Court to try the case.
2. The Commercial Court has taken cognizance of the offence on a complaint made by, the Assistant Director of the Export Promotion Bureau. It is not disputed that the Assistant Director was competent to lodge the complaint. The contention on behalf of the petitioner is that as the Commercial Court enjoys the powers of the Court of Sessions, therefore, it has to be equated with that Court; consequently, the Assistant Director should have filed the complaint in the first instance before a Magistrate and not directly before the Commercial Court. In support of this contention reference has been made to section 193 (1) of the Code of Criminal Procedure which states that no Court of Sessions shall take cognizance of an offence as a Court of original jurisdiction unless the case has been sent to it under section 190 (3) (ibid). I find little merit in this contention. Although a Commercial Court has the powers of a Court of Sessions but it is not a Court of Sessions. It. is a Special Court constituted for the trial of offences created by a Special Act. In fact while holding a trial it follows the procedure prescribed by the Code of Criminal Procedure for trial of cases by Magistrates. Further, subsection (2) of section 5-B of the Imports and Exports (Control) Act states:-
"A Commercial Court shall not take cognizance of an offence triable under subsection (1) except upon a complaint in writing made by an officer of the Export Promotion Bureau authorised by its Chairman by a general or special order in this behalf."
It is quite clear from this subsection that a Commercial Court can take cognizance of an offence in no other way except upon a complaint made by an authorised officer of the Export Promotion Bureau. The introduction of the agency of the Magistrate between the Commercial Court and the H complaint would come in conflict with the provision of this subsection, for, in that event the complaint would have been instituted before a Magistrate and not in the Commercial Court. This writ petition is entirely misconceiv ed and is dismissed in limine.
M. Y. H. Petition dismissed.
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