police registered offences under Sections 3 and 7 of the Essential
Commodities Act, 1955 (hereinafter referred to as the " EC Act ') agamst ... Section 10-A of the Essential Commodities Act, all the offences
under the Special Act are bailable in nature. He has relied upon a judgment
Essential Commodities Act, 1955. In the beginning, section 10-A was providing that the offences under the Act to be cognizable and bailable. However ... Act.
5. However, in the year 1981, Act 18 of 1981 was passed to amend certain provisions of the Act. Under the Act
Act
inserted by the Amending Act (No. 36 of 1967)
provided that every offence punishable under
the Act shall be bailable. By the Amending Act ... came the Essential Commodities
(Special Provisions) Act, 1981 (Act No. 18 of
1981) by which the words "and non-bailable"
were added
Essential Commodities (Amendment) Act, 1974 (Act No. 30 of 1974), Section 10-A of the principal Act was amended and the word 'bailable ... this State making it very clear that Essential Commodities (Special Provisions of 1981 and Essential Commodities (Ordinance) Act, 1988 became ineffective from
Act
inserted by the Amending Act (No. 36 of 1967) provided that every
offence punishable under the Act shall be bailable. By the Amending
Act ... came the Essential Commodities (Special Provisions) Act,
1981 (Act No. 18 of 1981) by which the words "and non-bailable"
were added
Principal Act by Essential Commodities (Special Provisions) Act, 1981 (Act No. 18 1981). The aforesaid Act 12 of 1981 was for a limited period ... expiry of the Essential Commodities (Amendment) Ordinance, 1998 on 8.7.1998. As a result of expiry of the Essential Commodities (Special Provisions) Act
thereafter viz., Essential
Commodities (Special Provisions) Ordinance, 1997 and Essential Commodities
(Special Provisions) Second Ordinance, 1998 making offences under the EC Act ,
except those under ... NDPS Act ) was authorized
to act as the Special Court under Section 12 A of the EC Act as substituted by the
Essential Commodities (Special
Act, as it stood prior to the amendment of the said Act by virtue of the Essential Commodities (Special Provisions) Act, 1981 , would be relevant ... Essential Commodities (Special Provisions) Ordinance, 1997, was promulgated by the President of India on 3rd October, 1997, whereby the Essential Commodities Act, 1955 was amended
Essential Commodities (Amendment) Act, 1967 [Act
No.36 of 1967]. Section 10-A , as introduced by the Act No.36 of
1967, was as follows ... Act, it cannot be said that the earlier Act applies,
incorporates or refer to the amending Act, for, earlier Act cannot
incorporate the later Act
Though two ordinances were promulgated thereafter viz.,
Essential Commodities (Special Provisions) Ordinance,
1997 and Essential Commodities (Special Provisions)
8
THE HIGH COURT OF MADHYA PRADESH ... NDPS Act ) was
authorized to act as the Special Court under Section 12 A of
the EC Act as substituted by the Essential Commodities
(Special
