USHA SINHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE aforesaid application has been filed on behalf of the prosecution (Vigilance Department) seeking clarification of the judgment dated 14.8.2001 rendered by one of us (L. Mohapatra, J.) in Criminl Misc. Case No. 3657 of 2001). While considering the same, it was brought to our notice that a learned Single Judge of this Court in Sadhu Charan Meher v. State of Orissa, 2001(21) OCR 353 has held that offences under the Essential Commodities Act, 1955 are bailable. As the aforesaid view was doubted, we have examined the entire matter and would deal with the same hereinafter.

(2.) A . Clarification of the Judgment dated 14.8.2001 (supra) Criminal Misc. Case No. 3657 of 2001 was an application made under Section 482, Cr.P.C. by which cognizance taken by the Special Judge, Bolangir under sections 7, 8, 9 and 10 of the Essential Commodities Act, 1955 (hereinafter referred to as the Principal Act) was challenged by the petitioner Usha Sinha on the ground that he (special Judge) had no jurisdiction. After hearing both sides, by judgment dated 14.8.2001 the said application was dismissed. It was hold therein that since the Special Court has jurisdiction to try offences in respect of those which were committed under the Principal Act prior to the expiry of the 1998 Ordinance, there was no illegality in taking cognizance. While dismissing the application, it was observed as follows : 'There is no dispute about the fact that amendment brought into by way of Essential Commodities (Special Provision) Act, 1981 remained in force for a period of fifteen years and thereafter the said provisions in the amending Act were continued by way of Ordinance, 1997 and 1998. After expiry of the period under the two Ordinance, there has not been any further amendment or Ordinance providing continuance of Essential Commodities (Special Provision) Act, 1981 any further. Therefore, the absence of the amending Act, 1981, the provisions of the PrincipalAct stand restored which had been kept under suspension during operation of the amending Act as well as Ordinances and accordingly Special Courts shall have no jurisdiction to take cognizance and cognizance has to be taken only by those empowered under the Principal Act.'

(3.) FOR consideration of this matter, it is relevant to trace the legislative history concerning constitution of the said Special Courts. Section 12 A (Constitution of Special Courts), Section 12 AA (Offences triable by Special Courts) and other related provisions were inserted in the Principal Act by Essential Commodities (Special Provisions) Act, 1981 (Act No. 18 1981). The aforesaid Act 12 of 1981 was for a limited period of 5 years from the date of its commencement (01.09.1982). Its life was extended twice which ultimately lapsed on 31.8.1997. Thereafter, two Ordinances, i.e. Essential Commodities (Special Provisions) Ordinances were promulgated on 3.10.1997 and 2.1.1998 containing many of the provisions of the Act 18 of 1981. The special provisions of the Act 18 of 1981 were also continued (vide Essential Commodities (Amendment) Ordinance, 1998 (which was promulgated on 25.4.1998). This Ordinance lapsed on 8.7.1998. Later a Bill called 'the Essential Commodities (Amendment) Bill, 1998 was introduced in the Lok Sabha which was withdrawn. Thereafter the Essential Commodities (Amendment) Bill was introduced on 5.3.1999. This Bill lapsed following the dissolution of the Lok Sabha. Therefore, the special provisions including functioning of Special Courts contained in the Essential Commodities (Special Provisions) Act, 1981 (Act 18 of 1981) and the subsequent Ordinances are no longer in force after expiry of the Essential Commodities (Amendment) Ordinance, 1998 on 8.7.1998. As a result of expiry of the Essential Commodities (Special Provisions) Act, 1981 and the subsequent Ordinances in this regard, the provisions of the Principal Act in original stand revived and are now in force.