Act itself, then the provisions of Act will
prevail. In view of the above mentioned particular provisions of Law,
Section98(2) of Gujarat Prohibition ... provided under Section 98(2) of the
Gujarat Prohibition Act. According to the learned counsel, Section 98(2)
of the Gujarat Prohibition Act offends Articles
appellant was that in terms of Section 6-A of the Essential
Commodities Act, 1955 (hereinafter referred to as "the Act"), as
amended ... Act has been substituted in the
State by Bihar Act No. 9 of 1978. By Sub-section (6) of Section
6-A of the Act
below :
"6-A. Confiscation of essential commodity.-
(1) Where any essential commodity is seized in
pursuance of an order made under Section ... inspection of any
essential commodity under sub-section (1), is
of the opinion that the essential commodity is
subject to speedy and natural decay
commodity essential to the community; or
(b) dealing in any commodity-
(i) which is an essential commodity as
defined in the Essential Commodities Act ... Explanation to sub-section (1) of section 3
of the Prevention of Black-Marketing and Maintenance of
Supplies of Essential Commodities Act
Indian Penal Code, or
under section 489A, section 489B, section 489C or section 489D of that
Code, or
e) habitually commits, or attempts to commit ... Act, 1973 ;
c) the Employees’ Provident Funds & Family Pension Fund Act, 1952
d) The Prevention of Food Adulteration Act, 1954 ;
e) The Essential Commodities
summarily. The Supreme Court referred to Sub-section (2) of Section 12-AA of the Essential Commodities Act and noted the argument that in view ... have been committed the offence punishable under Section 3 read with Section 7 of the Essential Commodities Act (shortly called 'the Act
cases of essential commodities ceased to function. Consequently, the position is that cases registered under the Essential Commodities Act are now to be tried before ... competent to try the essential commodities cases got the jurisdiction to deal with such cases. Since Essential Commodities (Special Provisions) Act, 1981 had lapsed
Essential Commodities Act, 1955 would be essential.
Section 10-A of Essential Commodities Act, 1955 reads as
under :
10-A. Offences to be cognizable ... Section 154(1) of the Code.
Thus, in the light of Section 154 of Cr.P.C., Section 10-A
of Essential Commodities Act
confiscation of essential commodity seized and produced before the Collector of the district.
6-A. Confiscation of Essential Commodity:
Where any essential commodity is seized ... order made under Section 3 of the Act. But what the section itself provides is that the essential commodity seized in pursuance of an order
pending against the accused for offences under Sections 3 / 7 Essential Commodities Act read with Rule 114 of the Defence of India Rules. In connection ... disposal of the essential commodity would be the Collector as laid down in Section 6A of the Essential Commodities Act. He submits that the Essential
