Special Court jurisdiction governs anticipatory bail for notified economic offences, excluding the regular Sessions Court.

Anticipatory bail applications under Section 438 of the Code, in respect of offences covered by the notification creating the Special Court for Economic Offences, lie only before that Special Court. The notification and the Code are read together to treat the Special Court as a court of original criminal jurisdiction with powers comparable to a Court of Session for matters assigned to it. Because the special forum has exclusive jurisdiction over the notified offences, the regular Court of Session is excluded from entertaining such applications. The ancillary powers under Chapter XXXIII therefore follow the special court's exclusive jurisdiction.

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Issues: Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in cases covered by the notification establishing the Special Court for Economic Offences lies before the regular Court of Session or only before the Special Court.

Analysis: The Special Court created for economic offences was constituted for offences arising under the specified enactments and was intended to exercise jurisdiction throughout the State. Reading the scheme of the Code with the notification, the Court held that the Special Court is not a mere Magistrate's court but a court of original criminal jurisdiction with powers comparable to a Court of Session for the matters assigned to it. Where a special enactment or the notification confers exclusive jurisdiction on that Court, permitting the regular Court of Session also to entertain anticipatory bail would create a jurisdictional conflict. The special forum therefore governs both cognizance and the ancillary powers under Chapter XXXIII of the Code.

Conclusion: The Special Court for Economic Offences alone is competent to entertain anticipatory bail applications in respect of offences covered by the notification, and the regular Court of Session has no jurisdiction to do so.

Final Conclusion: The jurisdiction conferred on the Special Court excludes the regular Sessions Court for anticipatory bail in those notified economic offences, and the matter must be moved only before the Special Court.

Ratio Decidendi: A special court constituted for exclusive trial of notified offences is a court of original criminal jurisdiction with the powers necessary to exercise Chapter XXXIII jurisdiction, and the ordinary Court of Session stands excluded where such exclusive jurisdiction is conferred.

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