https://www.taxtmi.com/caselaws?id=303625 A special enactment governing a disciplined force prevailed over the general criminal procedure, because section 16(2) contained a non obstante clause and expressly authorised the Commandant or Assistant Commandant to exercise magisterial powers for inquiry or trial of offences under the Act. The Supreme Court therefore upheld the Assistant Commandant's jurisdiction to try and convict the respondent, and held that the statutory conferment could not be invalidated in appellate or revisional proceedings under the Code. On sentence, the Court reduced the punishment for unauthorised absence and substituted a fine for imprisonment while sustaining the finding of guilt. en-us Thu, 04 Dec 2003 00:00:00 +0530 Tue, 02 Aug 2022 15:38:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=303625 A special enactment governing a disciplined force prevailed over the general criminal procedure, because section 16(2) contained a non obstante clause and expressly authorised the Commandant or Assistant Commandant to exercise magisterial powers for inquiry or trial of offences under the Act. The Supreme Court therefore upheld the Assistant Commandant's jurisdiction to try and convict the respondent, and held that the statutory conferment could not be invalidated in appellate or revisional proceedings under the Code. On sentence, the Court reduced the punishment for unauthorised absence and substituted a fine for imprisonment while sustaining the finding of guilt. Case-Laws Indian Laws Thu, 04 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=303625