BIKRU RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has prayed for quashing of an order dated 16.2.1999 passed by Special Judge, E.C. Act, Madhubani in Basopatti P.S.Case No.79 of 1997(G.R. No.1411 of 1997). By the said order, the learned Special Judge, E.C. Act, Madhubani has taken cognizance of the offence under section 7 of the Essential Commodities Act.

(2.) In an identical situation, Cr.Misc. No.716 of 2000 and other analogus cases were disposed of on 7th July, 2010 on the ground that order of cognizance was passed by the Special Judge, E.C. Act after Essential Commodities (Special Provision) Act, 1981 had come to an end.

(3.) The Essential Commodities (Special Provision) Act, 1981 has come to an end on 8.7.1998. Admittedly, in the present case order of cognizance was passed by the Special Judge, E.C. Act after the end of the operation of Essential Commodities (Special Provision) Act, 1981. Accordingly, Special Judge, E.C. Patna High Court The 3rd September,2010 Md.S./NAFR Act, Madhubani was not having any jurisdiction to pass order in a case relating to Essential Commodities Act.