KARTICK CHANDRA SAHA Vs. STATE

JUDGEMENT

(1.) The petitioner who is an accused in a case under Section 7 of the Essential Commodities Act of 1955 obtained this Rule against the order of the Magistrate forwarding the records of the case under the provisions of Section 12A (4) of the Act to the Sub-Divisional Magistrate for transferring the same to a competent court. The offence alleged in the case is stated to have been committed on July 26 1964. A charge sheet was submitted against the petitioner on September 7. 1964.

(2.) The Essential Commodities Act 10 of 1955 was amended on November 5, 1964 by Act 47 of the year by insertion of Section 12A which authorises the Central Government by notification to specify an order under Section 3 of the Act in relation to any essential commodity and directing violation of such an order to be tried summarily. In accordance with this provision the Central Government issued a notification dated December 4, 1964 which was published in the official gazette on December 24. 1964. According to this notification violation of all orders made under Section 3 of the Essential Commodities Act in relation to food stuffs including edible oilseeds and oils was directed to be tried summarily under Section 12A of the Act.

(3.) As stated above, the charge-sheet in the case had been filed on September 7, 1864. The notification came in December following. The learned Magistrate took up the case for trial in accordance with the procedure prescribed in Section 251A of the Criminal Procedure Code and framed a charge against the petitioner under Section 7 of the Essential Commodities Act on February 20, 1965 and fixed a date for examination of prosecution witnesses.