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7. It is true that the Essential Commodities Act, 1955 was enacted to provide, in the interest of the general public, for the control of the production supply and distribution of, and trade and commerce in certain essential commodities. Temporary amendments for five years from the date of enforcement of the Essential Commodities (Special Provisions) Act, 1981 with effect from 1st September, 1982 were introduced with a view that the cases under the Essential Commodities Act should be disposed of by Special Courts specially appointed in this behalf at an early date and in, that connection Sections 12A, 12AA, 12AB and 12AC were introduced and substituted for the old Section 12AA(d) provides that no person accused of or suspected of the commission of offence under the Essential Commodities Act should be released on bail by any court other than Special Court or the High Court; provided that special court shall not release any person on bail without giving the prosecution an opportunity to oppose the application for such release unless the Special Court for reasons to be recorded in writing is of opinion that it is not practicable to give such opportunity and secondly, where the prosecution opposes the application, if the special court is satisfied that there appears reasonable grounds for believing that he has been guilty of the offence concerned. It further provides that if the accused is under the age of 16 years or is a woman or is a sick or infirm person, the special court may release on bail, if the special court is satisfied that it is just and proper so to do. This sub-section envisages that a person should be first arrested and then he can apply for bail, which is a similar provision like Section 439 Cr. P.C. There is no bar or prohibition under Section 12AA that Section 438 Cr. P.C. will not apply to cases under the Essential Commodities Act. The Legislature while enacting Section 12-AA was fully aware of the existence of Section 438 Cr. P.C. and if they intended that the Special Court or the High Court should not exercise power under Section 438 Cr. P.C. in cases under the Essential Commodities Act, nothing prevented them to make a mention in Section 12 AA and the very fact that the legislature has omitted to specifically debar the jurisdiction of the Special Court or the High Court under Section 438 Cr. P.C. shows that the Legislature never intended to do so. Moreover, reading of Section 12AC makes it quite clear that the provisions of Cr. P.C. (including the provisions as to bail and bonds) shall apply to proceedings before the special court. Section 438 Cr. P.C. is also a provision of Cr. P.C. and is applicable to proceedings before a Special Court.