(XIV OF 1968)
Only a Sessions Court can take cognizance in respect of the offence regarding antiquities but in the instant case, the cognizance was purportedly taken by the Special Tribunal. Inview of section 28 of the Antiquities Act, such taking of cognizance by the special Tribunal is illegal order without jurisdiction.
Taking cognizance of the offence by the Special Tribunal under the
Special Powers Act is absolutely without jurisdiction and the instant
proceeding pending against the accused petitioner is an abuse of the process of
the Court and is liable to be quashed.
Md. Khalilur Rahman alias Ismail Vs The State, 19BLD(HCD)476.