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Our attention was then invited to yet another decision of the Andhra Pradesh High Court in Sri. Balaji Traders v. The State 1990 Cri LJ 332 rendered by a single Judge. His Lordship appears to have taken the view that S. 167(5) Cr.P.C. has nothing to do with the limitation on the powers of the Special Judge.

The Division Bench of the Andhra Pradesh High Court in Public Prosecutor v. B. Anjaneyulu 1986 Cri LJ 1456 went elaborately into the aftermath of the amendment of the Essential Commodities Act following the introduction to Sections 12A and 12AA and other provisions. Their Lordships held as follows :

"Essential Commodities Act (10 of 1955) : Sections 7 and 12AA (as amended in 1981) Criminal - P.C. (2 of 1974) Sections 167(5) and 262 - offence under Act - Cognizance by Special Judge constituted under Act - Investigation not completed within 6 months - Order for stoppage of investigation is valid - However Court cannot prohibit filing of Chargesheet after 6 months."

34. Again elaborating the matter further, the Bench in para 9 of the judgment at page 1461 while dwelling on the scope of the amendment observed :