SURESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All these applications involve same question of law and as such they were taken upon of hearing together and are being disposed of by this common judgment.

(2.) In these cases the complaint petitions were filed either by the Marketing Officer or by the Supply Inspector before the Special Judge appointed under the provision of S. 12AA of the Essential Commodities Act (herein after referred to as 'the said Act'). In terms of Essential Commodities (Special Provisions) Act; special procedures have been laid down for trial of case in terms of provision contained in S. 12AA(i)(e) thereof and as embargo has been placed by the Parliament to the effect that no cognizance can be taken by the Court unless a complaint petition is filed by a person authorised by the concerned government in this behalf.

(3.) In these cases, it appears that searches and seizure of the trade articles involved in the respective case were made by the Marketing Officer and/or Supply Inspector. As indicated hereinbefore the said officers filed their respective complaint petitions before the Special Judge (E.C. Act) and by orders passed in different cases the special judges concerned took cognizance of offence as against the petitioners purported to be u/S. 7 of the Essential Commodities Act 1955.