STATE OF GUJARAT Vs. PATEL SHANKERLAL BHABHAIDAS

JUDGEMENT

(1.) In this group of revision applications a common question of law which arises for determination is whether the Special Court constituted under sec. 12A of the Essential Commodities Act 1955 hereinafter referred to as the Act has jurisdiction to take cognizance of the complaint which may be filed before it directly or that it can take cognizance of the offence only if the case is committed to it by a Magistrate.

(2.) At the outset it should be noted that there is no provision under the Essential Commodities Act which provides that Special Court shall take cognizance of the matter only if the case is committed to it by some other Court. That means there is no provision which is similar to sec. 193 of the Criminal Procedure Code. Sec. 193 reads as under

(3.) Sec. 11 of the Act provides that no Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in sec. 21 of the Indian Penal Code. Sec. 12A empowers the State Government for the purpose of providing speedy trial of the offence to constitute as many Special Courts as may be necessary. Sec. 12-AA reads as under: 12 (1) Notwithstanding anything contained in the Code -