PRUTHVIRAJ CHANDRAKANT SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri C. R. Deshpande, Counsel for the petitioners and Shri P. B. Varale, Additional Public Prosecutor, for the respondents.

(2.) IT is the contention of the petitioners, that the offences under the Essential Commodities Act, 1955, are bailable offences because the amendment which was carried out in the Act, by Act 18 of 1981 was for a fixed period. That period has expired and, therefore, now the specially inserted word 'non-bailable' in section 10a is not there in the Act and therefore offence becomes bailable offence.

(3.) HOWEVER, in the year 1981, Act 18 of 1981 was passed to amend certain provisions of the Act. Under the Act 18 of 1981, the offences were made non-bailable by amending section 10a of the Essential Commodities Act, 1955. Act 18 of 1981 was at the first instance, for a period of five years. Then, the period was extended upto 10 years. Again by effecting amendment, by Ordinance No. 12 of 1992, the period was extended to 15 years. That means, the amended provisions were to remain in force for a period of 15 years from 1-9-1982, the date on which the Act 18 of 1981 came into force. There is no further amending Act or Ordinance to extend the period of Act 18 of 1981 beyond the first period of 15 years. So far as the contention of the learned Counsel for the petitioners, that now the Act 18 of 1981 is not in force and the amendment stands deleted automatically, is quite correct.