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Showing contexts for: parallel telephone exchange in Firoz vs S.I Of Police on 24 September, 2020Matching Fragments
2. In Aman Mittal's case (supra), it was observed by the Apex Court that Section 3 of Essential Commodities Act, 1955, completely overrides the provisions of Chapter XIII of Indian Penal Code and as such, the accused cannot be charged for the same offence under Chapter XIII of IPC. But Sections 4 and 20 of the Indian Telegraph Act, 1885 and Sections 3 and 6 of Indian Wireless Telegraphy Act, 1933 are independent offences having no overriding effect over Chapter XIII of Indian Penal Code. The allegation levelled against is not confining to the provisions contained in the special enactment, but extend to the offence of sedition punishable under Section 124A of IPC and the offence of cheating by playing deception on the statutory authority. It is not a mere case of violation of any of the provisions contained in the special enactment. Hence there cannot be any overriding effect especially when the allegation levelled against would prima facie satisfy the ingredients which would attract sedition as defined under Section 124A IPC by maintaining a parallel telephone exchange in secrecy and also the offence of cheating by playing deception on the statutory authority causing unlawful loss and gaining unlawful enrichment.