Naresh Inder Singh vs State of Punjab

Ujagar. Singh, J

This case was pending in the Designated Court, Sangrur and later on, it was transferred to the Designated Court, Bhatinda by an order dated 3.12.1987 passed by S. S. Sodhi, J. As a matter of fact, the petitioners now seek transfer of the case from the Designated Court to any Court having jurisdiction under the Code of Criminal Procedure, as the offence is not triable by the Designated Court. The petitioners applied for bail before the Designated Court, Bhatinda, but the said Court has observed that the application for bail is not maintainable on the ground that earlier the case was transferred from Designated Court, Sangrur to the said Court at Bhatinda.

Before passing the said order, the Designated Court was required to exercise powers u/s 18 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 which reads as follows :

"18. Power to transfer cases to regular Courts. Where, after taking cognizance of any offence, a Designated Court is of opinion that the offence is not triable by it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any Court having jurisdiction under the Code and the Court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence."

When a question arises as to whether the offence is triable by a Designated Court or not the said Court has to form an opinion that the offence is not triable by it. After forming such an opinion, the Designated Court is required to transfer the case for the trial of such an offence to any Court having jurisdiction under the Code. The Court to which the case is transferred, shall proceed with the trial of the offence. The learned counsel vehemently urges that the Designated Court may decide and form an opinion, whether the offence is triable by it or not. Once it is decided that the offence is not triable by it the case is to be transferred to an ordinary, Court. This petition stands disposed of accordingly with the direction that the Designated Court should pass such an order in accordance with the provisions quoted above.