RADHESHYAM AGRAWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) AN order of cognizance under Section 7 of the E.C. Act having been taken on 13.10.1999 against the Petitioner and the co -accused persons by the learned Sessions Judge -cum -Special Judge. Bolangir the same has been challenged by the Petitioner on the ground of lack of jurisdiction by the Special Judge (under the Essential Commodities Act) after expiry of the terms of the amending Act, 1981, the Essential Commodities (Special Provisions) Ordinance, 1997 and the Essential Commodities Special Provisions 2nd Ordinance. 1998. While in seisin of a similar matter in the case of Smt. Usha Sinha v. State of Orissa : (2001) 21 OCR 346a Single Bench of this Court, on the admission of the State, has recorded the finding that the Ordinance lost its force on 8.7.1998 and therefore, the Special Court under the Essential Commodities Act does not exist thereafter to take cognizance of the offence under Section 7 of the E.C. Act That being the settled position of law. When in this case the offence complained of was committed on 24.12.1998 and cognizance was taken on 13.10.1999, the said order of cognizance is squarely without jurisdiction and accordingly quashed. However relating to the further proceeding of that case the Special Judge -cum -Sessions Judge shall follow the procedure as per ratio in the case of Smt. Usha Sinha v. State of Orissa : 93 (2002) CLT 278 (Division Bench decision).

(2.) THE Criminal Misc. Case is allowed accordingly.