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2018 (2) TMI 1901 - HC - Indian LawsJurisdiction of cognizance taken by the learned Chief Judicial Magistrate - Offence punishable under Section 53(a) of the Bihar Excise (Amendment) Act, 2016 - HELD THAT:- It is true that Section 85(1) of the Bihar Prohibition and Excise Act provides that a Special Judge may take cognizance of offences without the accused being committed to him for trial and, in trying the accused persons, shall follow the procedure prescribed by the Code of Criminal Procedure, 1973 for the trial of warrant cases by the Magistrates. The Bihar Prohibition and Excise Act, 2016 came into force with effect from 2nd October, 2016 whereas the cognizance in the present case has admittedly been taken on 30th July, 2016. Prior to 2nd October, 2016, it was the Court of Magistrate, who was competent to take cognizance of the offences punishable under the Excise Act. Application dismissed.
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