STATE OF WEST BENGAL vs SHYAMADAS BANERJEE & ANR.

The Supreme Court ruled that a Special Judge under the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, can take cognizance of an offence against a former Member of the Legislative Assembly (M.L.A.) if the offence was committed while he was in office. The Court clarified that the definition of 'public servant' under the Prevention of Corruption Act, 1947 applies, and the absence of a specific provision allowing prosecution after the cessation of office does not invalidate the cognizance taken. The appeal was dismissed, affirming the Special Court's jurisdiction to proceed with the case.