An appellant challenged a rejection of his petition to drop confiscation proceedings, arguing Section 18-A of the Prevention of Corruption Act rendered Orissa Special Courts Act proceedings incompetent. The court dismissed the appeal.
The criminal appeal stands dismissed on merit at the stage of admission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.694 of 2021
Srikanta Kumar Mishra.
…. Appellant
-versus-
…. State of Odisha (Vigilance). Respondent
CORAM: JUSTICE S. PUJAHARI
ORDER
Order No.
05.01.2022
I.A. No.1273 of 2021
(S. Pujahari) Judge
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CRLA No.694 of 202103
ORDER
Order No.
05.01.2022
learned counsel appearing for the Vigilance Department.
is challenged on the point of law.
against him in view of the introduction of Section 18-A in the Prevention of Corruption Act (hereinafter referred to as “the P.C. Act”) giving the power of Criminal Law Amendment Ordinance, 1944 to the learned Special Court trying the offence. According to the appellant, in view of the conferment of such power vide the amendment of the P.C. Act, a proceeding initiated under the Orissa Special Courts Act, 2006 before the learned Authorized Officer for confiscation is incompetent and cannot be continued.
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source of income of categories of accused tried under the Odisha Special Court Act. The constitutional validity of the Orissa Special Court Act has already been upheld by the Apex Court in the case of Jogendra Kumar Jaiswal (supra) . In view of the same, this Court finds no merit in this criminal appeal, inasmuch as Section 18-A of the P.C. Act has only conferred power of the District Judge under the Criminal Law Amendment Ordinance,
1944 on the Special Judge under the P.C. Act and nothing more.
MRS
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2 issues framed by the court
Whether the confiscation proceeding under the Orissa Special Courts Act, 2006 is incompetent following the introduction of Section 18-A in the Prevention of Corruption Act.
Whether Section 18-A of the Prevention of Corruption Act, affecting property disposal powers previously held by the District Judge, invalidates the Orissa Special Courts Act, 2006.
Colour shows how this judgement treated each authority
Jogendra Kumar Jaiswal, etc. vrs. State of Bihar and othersReferred¶32
2016 Criminal Law Journal 2129
3 provisions across 3 enactments
Srikanta Kumar Mishra
State of Odisha (Vigilance)
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
