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4.ABA St.2632-2020 & ABA St.2980-2020.odt 2 Counsel for the applicants are seeking pre-arrest bail on the two grounds; that

(a) Prosecution case, does not disclose their complicity in the crime; and

(b) Ofences under the Essential Commodities Act are "bailable".

3 At the outset, it may be stated that applicants were granted interim protection, on 2nd September, 2020, but since they did not non-cooperate in the investigation, the interim protection was vacated by the learned Sessions Judge on 15th September, 2020.

4.ABA St.2632-2020 & ABA St.2980-2020.odt constant touch with Laxman Patel and Dhanraj Mule. There are three cases registered against Khade; one under Indian Penal Code, 1860 i.e. Crime No. 10/2011; and two cases under Essential Commodities Act. It may also be stated that 16 cases are registered against Laxman Patel, a key person under the provision of Essential Commodities Act. 14 Thus, in consideration of the facts of the case, prima facie, the ofence is in the nature of 'economic ofence'. Material, prima facie shows, applicants' complicity. In my view to unearth the material evidence their custodial interrogation cannot be denied to State. It may be stated that key accused Laxman Patel and many other, are keeping themselves away from the process law. 15 Learned counsel for applicants next submitted that ofences under the Essential Commodities Act, 1955 are bailable. In support of these submissions, they have relied on following Amendments Act;

(i) The Essential Commodities (Second Amendment) Act, 1967 has inserted Section 10-A . It reads as under;

"10-A. Ofences to be cognizable and bailable -
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), every ofence punishable under this Act shall be "cognizable and bailable."

(emphasis supplied).

(ii) The Essential Commodities (Amendment) Act, 1974 containing Sections 2 to 14 further, amended, Section 10-A

4.ABA St.2632-2020 & ABA St.2980-2020.odt and the words "and bailable" were omitted. It came into efect on 22nd June, 1974.

20 In the case in hand since 1967 till 21 st June, 1974, ofences under the Essential Commodities Act were cognizable and bailable. However, Essential Commodities (Amendment) Act, 1974 duly incorporated by 'omission' of words "And Bailable". Therefore, even though Sections 2 to 14 of the Amendment Act, 1974 are repealed the, omissions thereunder made already in the amended Act shall continue to be in operation subject to condition " unless a diferent intention appears" in the Act that has repealed Amendment Act. In other words, omission of words "Non bailable" by Amendment Act 1974, which Act has been repealed by 1978 Act, would not ipso-facto restore the provisions of