P P SUROSHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This matter arises from a reference made by the Addl. Chief Metropolitan Magistrate dated 15.12.2007. The question referred for consideration is "Whether a Criminal case registered under the provisions of the "The Essential Commodities (Special Provisions) Act, 1981 and the subsequent Ordinances on their coming to an end by efflux of time, which is the competent court to try and decide the matters".

(2.) The applicant was charged for an offence under Section 12A of Essential Commodities (Spl. Provisions) Act, 1981 which hereinafter shall be referred to as "Special Provisions Act". The Special Provisions Act amended the Essential Commodities Act, 1955 which hereinafter shall be referred to as Essential Commodities Act. The Special Provisions Act was to be initially in force for a period of ten years. By Act of 34 of 1993, the period was extended upto 15 years with effect from 27.8.1992.

(3.) The President thereafter was pleased to promulgate an Ordinance known as "Essential Commodities (Special Provisions) Ordinance 1997" which came into force from 3.10.1997. The Ordinance contained similar provisions as contained in Special Provisions Act. This Ordinance shall be known as Ordinance of 1997. The President thereafter issued Ordinance No. 1 of 1998 which is known as Essential Commodities (Special Provisions) Act, second Ordinance 1998 which was published in the gazette of India on 2.1.1998 and came into effect from the said date. It shall be known as Ordinance 1 of 1998. The President then promulgated Ordinance 13 of 1988 which came into effect from 25.4.1998 and shall be referred to as Ordinance No. 13 of 1998.