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Jurisdiction Questioned: Did Magistrate Properly Assume Authority u/s 451/457 for Black Pepper Smuggling Case?
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....Smuggling - foreign origin black pepper - jurisdictional infirmity - whether the learned Magistrate have correctly assumed proper jurisdiction while passing the original impugned order under Section 451/457 Cr.P.C. or the same have been passed without jurisdiction? - It is also well settled that the provisions of the Special Act will override the provisions of the general law as in the case in hand. The principles of the latin maxim of “generalia specialibus non derogant”, i.e., general law yields to special law should they operate in the same field on same subject will be applicable here. - HC....