Before Muhammad Sharif and S. A. Rahman, JJ.
THE CROWN – Petitioner
SHAMS-UD-DIN –Convict – Respondent
Criminal Revision No. 861 of 1949, decided on 15th December 1949.
(This case was called for by the Court under section 435 and disposed of under section 439, Criminal Procedure Code, by the Division Bench on reference to the said Bench by the honourable the Chief Justice, vide his order, dated 18th November 1940.)
West Punjab Public Safety Act (XVIII of 1949), s. 36 – Case exclusively triable by Sessions Court – Pending before 15th August 1949 – Tried by summons case procedure and with aid of assessors – Procedure held, correct – West Punjab Public Safety Act (II of 1947), Ss. 35, 37.
The west Punjab Public Safety Act (XVIII of 1949), contains no provisions corresponding to those contained in section 37 of the Punjab Public Safety Act, 1947. It has saved section 35 only and not section 37 of the old Act. In other words, it prescribes the procedure of a summons case in the trial of a session’s case but has not prescribed that the commitment proceedings or the choosing of the assessors should be dispensed with. The result is that in all cases pending before the Sessions Judge before the 15th day of August 1949, the procedure of a summons case shall be followed and the trial held with the aid of the assessors as required by section 268 of the Criminal Procedure Code and the sessions cases instituted or pending before a Magistrate before the 15th August 1949, shall have to pass through the mill of the commitment proceedings before reaching the Sessions Court. [p. 96].
Advocate General, for Crown.
Nemo, for Respondent.