Special court jurisdiction ends the Magistrate's power to continue trial and pronounce judgment in Customs Act cases

Once a special court is established with exclusive jurisdiction over Customs Act offences, the ordinary Magistrate loses authority to continue the trial. The term "trial" is construed contextually to include all steps after framing of charge up to pronouncement of judgment, so hearing arguments remains part of the trial process. Accordingly, proceedings continued before the ordinary Magistrate after the special court came into existence were without jurisdiction, and the steps taken from that date onwards were liable to be quashed.

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Issues: Whether, after the establishment of the special court with exclusive jurisdiction over Customs Act offences, the ordinary Magistrate could continue with the case by hearing arguments and pronouncing judgment.

Analysis: The proviso to Section 11(1) of the Code of Criminal Procedure withdraws the power of ordinary Magistrate courts to try cases for which a special court has been established. The word "trial" is to be understood in its contextual sense, and all steps taken by a criminal court after framing of charge and until pronouncement of judgment form part of the trial. Hearing arguments is therefore not an act outside the trial, and once the special court came into existence, the ordinary Magistrate could not continue with the matter for any stage of the trial culminating in judgment.

Conclusion: The continuation of proceedings by the ordinary Magistrate after 29-11-1984 was without jurisdiction, and the steps taken from that date onwards were rightly quashed.

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