SHRI SOHANLAL BAGRI Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) THE common question that falls for determination in all these revision petitions relates to the legality/validity of the cognisance orders passed by the Special Judge, Cuttack. The applications filed by the accused to set aside the said orders and to drop the criminal cases against them having been rejected by the Special Judge, they have' filed these revision petitions assailing the said orders.

(2.) THE factual backdrop of the case may be shortly stated thus: The Inspector of Supplies who inspected the business premises of the Petitioners submitted reports to the Chief judicial Magistrate, Cuttack ('C.J.M.' for short) on different dates in 1983 and 1984 alleging, inter alia, that they had violated certain conditions in the licences issued to them under different control orders under the Essential Commodities Act like the Orissa Rice and Paddy Control Order, 1105 and The Orissa Wheat and Wheat Products Control Order, 1988, the Orissa Pulses, Edible Oil Seeds and Edible Oil Dealers' (licensing) Order, 1977, the Orissa Declaration of Stocks and Prices, of Essential Commodities Orders, 1973 and the Orissa Essential Foodstuffs (Prevention of Hoarding and Requisitioning of Stocks) Order, 1974.

(3.) SECTION 11 of the Act which deals with cognisance of offences provides that no Court shall take cognisance of any offence punishable under the 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 Section 21 of the Indian Penal Code or any person aggrieved or any recognised consumer association, whether such person is a, member of the association or not, Section 12AA which was introduced by Act 18 of 1981 deals with offences triable by Special Courts. It provides that notwithstanding anything contained in the Code (a) all offences under the Act shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court. Under (a) of the said section it is laid down that the Special Court may, upon a perusal of the police report of the facts constituting an offence under the Act take cognisance of that offence without the -accused being committed to it for trill.