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
Satna for the
offences punishable under Sections 3 / 7 of the Essential Commodities Act,
1955.
2. Learned counsel for the applicant contends that the allegation ... counsel that
offence under Section 3 / 7 of the Essential Commodities Act is bailable one,
inasmuch as no further amendment in Section
Fertilizer (Circulation
Control) Order, 1973, Section 3 of the Essential Commodities Act,
1955 and Section 7 of the Essential Commodities Act, 1955, the
petitioners have ... transit
bail application and submits that Section 3 / 7 of Essential
Commodities Act is bailable one so, there is no imminent danger or
apprehension
Section 3 & 7 of
the Essential commodities Act, 1955.
2. The counsel for the applicants submits that the applicants are
innocent and have been ... further submitted that Sections 3
& 7 of the Essential Commodities Act are bailable as has been held by
Gwalior Bench of this Court
under Sections
420 , 409 of IPC and section 3 , 7 of Essential Commodities Act.
As per prosecution story, allegations against the applicant, in short ... alleged act levelled against the applicant is under the provisions of
Essential Commodities Act , therefore, provisions of section 409 of IPC do not
attract
under Sections
420 , 409 of IPC and Sections 3 / 7 of Essential Commodities Act.
2. Learned counsel for the applicant/accused argued that applicant ... alleged act
levelled against the applicant is under the provisions of Essential Commodities
Act , therefore, provisions of Section 409 of IPC do not attract
Shivpuri (M.P.) for the offence under
Section 3 / 7 of Essential Commodities Act r.w. Section 409 of IPC.
Learned counsel for the applicant ... make the offence non-bailable as Section 3 / 7 of
Essential Commodities Act is a bailable offence. Applicant was also not the
custodian
Bhind for the offence
punishable under Sections 3 / 7 of E.C. Act r/w Section 409 of IPC.
3. Prosecution story, in short ... levelled against the applicant. The offence under
Section 3 / 7 of Essential Commodities Act is bailable in nature. It is submitted
that the applicant
Shivpuri (M.P.) for the offence under
Section 3 / 7 of Essential Commodities Act r.w. Section 409 of IPC.
Learned counsel for the applicant ... make the offence non-bailable as Section 3 / 7 of
Essential Commodities Act is a bailable offence. Applicant was also not the
custodian
district Sagar, for the offences
punishable under Sections 3 / 7 of Essential Commodities Act and Section 409
of IPC.
2
Learned counsel for the applicant ... ground
that the offence of Section 3 / 7 of the Essential Commodities Act is a bailable
offence and no case of Section