Law: Criminal Procedure Code (V of 1898)

Section: 408

(a) Criminal Procedure Code (V of 1898), Chap. III & S. 408-Magistrate appointed under Code-Does not cease to be Magistrate under Code merely because he is invested with certain special or additional powers under special statute Consequently order of sentence passed by such Magistrate appeal able under Cr. P. C. (b) Sea Customs Act (VIII of 1878), Ss. 167 (8)(b) & 193-B and Criminal Procedure Code (V of 1898), S. 408-Magistrate, First Class (appointed under Cr. P. C.) empowered under S. 193-B, Sea Customs Act, 1878-Not a Special Magis trate but continues to be Magistrate appointed under Cr. P. C. and consequently order of sentence passed by such Magistrate trying case under Sea Customs Act, open to appeal and revision under Cr. P. C. Where the contention was that a First Class Magistrate empowered under section 193-B, Sea Customs Act, 1878, is a Special Magistrate under the Sea Customs Act and not a Magis trate under the Criminal Procedure Code and hence in absence of any provision as to appeal or revision under the Sea Customs Act, no appeal or revision under Cr. P. C. is competent against order of sentence passed by such a Magistrate in a case under the Sea Customs Act, 1878 Held : It cannot be disputed that under the Sea Customs Act there is no provision for appeal or revision from an order of conviction and sentence passed by a Magistrate under the Sea Customs Act. On a consideration of the relevant provisions of the Code of Criminal Procedure especially sections 5 and 29, however, it seems evident that unless a special law provides to the contrary, an offence created by it shall not only be investigated, enquired into and tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure but they also may be tried by a Court mentioned in section 29(2) of the Code of Criminal Procedure. The relevant provisions of the Sea Customs Act which speak about cognizance and trial of an offence not specially provided for under section 182 of the Act are contained in sections 187, 193-A and 193-B of the Act. Reading the provisions of the Sea Customs Act just quoted along with the provisions of the Code of Criminal Procedure quoted…