VITHAL Vs. ASSISTANT DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) In all these criminal revision eases, the common question of law that arises for cotlsideration is whether Section 12-AA (1) (e) of the Essential Commodities Act, 1955, introduced by the Amending Act of 1981, renders Section 11 of the ESSENTIAL COMMODITIES ACT, 1955 nugatory or inoperative.

(2.) The question arises under the following circumstances:The respondent herein, viz., the Assistant Director of Agriculture (R), Machilipatnam, filed a complaint in the Court of the Special Judge under Essential Commodities Act against each of the petitioners for the alleged offence under clauses 5 (1) and 13 (1) (a) of the Fertiliser (Control) Order, 1957 read with the provisions of the ESSENTIAL COMMODITIES ACT, 1955. The case, arising out of each complaint, is numbered separately and the same was taken up for trial. An objection was raised before the lower Court that taking cognizance of the case is illegal as the complaint is taken on file, not on the basis of the police report, as contemplated under Section 12-AA (1) (a) of the Essential Commodies Act; but, on the basis of a complaint filed by a public servant, and as the special Court constituted under the Amending Act to try these offences is a Sessions Court, cognizance can be taken by such a Court only when the case is committed, as required under Section 193 Cr.P.C. and that the taking of cognizance by such a Sessions Court, on the basis of the complaint filed by a public servant, is illegal, as it is contry to Section 193 Cr.P.C. The lower Court by its order overruled this objection. Questioning the same, these revision cases are filed.

(3.) To resolve the question involved, it is necessary to consider the relevant provisions of the ESSENTIAL COMMODITIES ACT, 1955 (hereinafter referred to as me Act") and also the provisions of the Amending Act of 1981. section 7 of the Act prescribes various penalties, including mprisonment for the contraventions of any order made under Sec. 3. Sec. 11 provides for the cognizance of offences and is in the following terms:-