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october 2001

Supreme Court of India · 2001-10-30

State Of Tamil Nadu vs Paramasiva Pandian

Citation / case number
AIR 2001 SUPREME COURT 2972
Court
Supreme Court of India
Petitioner
State Of Tamil Nadu
Respondent
Paramasiva Pandian
Author
D.P.Mohapatra
Bench
D.P. Mohapatra, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court ruled that a special court, which had ceased to function under the Essential Commodities (Special Provisions) Act, 1981 but continued under the Narcotic Drugs and Psychotropic Substances Act, 1985, does not have the authority to remand an accused for offences under the Essential Commodities Act, 1955. The Court clarified that after the lapse of the EC(Special Provisions) Act, cases under the EC Act must be tried by a Magistrate with jurisdiction. The holding emphasizes the jurisdictional limits of special courts post the expiration of specific legislative provisions.

State Of Tamil Nadu vs Paramasiva Pandian · Niyam