Document Fragment View

Matching Fragments

1. An important question of law is involved in the present Criminal Misc. Petition as to whether the provisions of Section 12A and 12AA of the Essential Commodities (Special Provisions) Act, 1981 (for short 'the Special Provisions Act') will apply even to such of the cases where the contravention of any order made under Section 3 of the Essential Commodities Act, 1955 (for short the 'E.C. Act') was committed before coming into force of the Special Provisions Act?

2. The Petrol Pump, M/s B.C. Jain and Sons at Baran was inspected by the Inspector of Supply Department on January 20, 1980 At the time of said inspection some irregularities in maintaining the registers were detected by the Inspector and a complaint was filed by him before the learned Chief Judicial Magistrate, Kota on June 15, 1983 The learned Chief Judicial Magistrate issued summons on the same day to the accused-petitioners. The accused-petitioners filed the revision petition before the learned Sessions Judge, Kota which was transferred to the Additional District Judge, Kota. Before the learned Additional Sessions Judge a point was raised on behalf of the accused-petitioners that the court of Chief Judicial Magistrate had no jurisdiction to try the case in view of the provisions of the Special Provisions Act and it was only special Court appointed under Section 12A of the Act which alone could take cognizance of the offence. The learned Additional Sessions Judge in his impugned order dated March 3, 1986 referring to the provision of Section 2 of the Special Provisions Act, negatived the contention raised before him on behalf of the accused-petitioners, hence this Miscellaneous Petition