provision covered by Section 10 of the Essential Commodities Act is similar to Section 141 of the Negotiable Instruments Act and the Supreme Court while ... follows (Para 5) :
Section 10 does not state that if the person contravening the Order made under the Essential Commodities Act is a Company
under Section 3(2)(f) of the Essential Commodities Act 1955, namely, the power "requiring any person holding in stock any essential commodity ... that the powers under Essential Commodities Act are exercisable by Central Government, (vide Section 3(1) of the Act). Section 5 of the Act, however
notice on him, and started a case under Sections 7 and 9 of the Essential Commodities Act. The petitioner filed two writ applications in this ... Divisional Magistrate for a fresh consideration.
5. The case under Sections 7 and 9 of the Essential Commodities Act, hereinafter referred
offence under section 3 / 7 of
Essential Commodities Act, 1955 is bailable or
non-bailable.
7. Section 10(A) of the Act of 1955 reads ... perusal of aforesaid section it
appears that by the Essential Commodities
(Special Provision) Act -1981 Section 10(A) of
the original Act
report under Section 11 of the Essential Commodities Act is not a charge sheet, it is not a police report under Section ... police officer under Section 11 of the Essential Commodities Act 1946 was in conformity with the requirements of that section. The contention of Mr. Talukdar
their trial Under Section 3 / 7 of the Essential Commodities Act (Act No. 10 of 1955) Crime Nos. 4 and 5 of 78 Kotwali, Fatehpur ... offence without sanction were illegal. Procuring the sanction Under Section 11 of the Essential Commodities Act, 1965 was a condition precedent for taking cognizance
convicted and sentenced the petitioner under Section 7 of the Essential Commodities Act, as stated above.
5. Various points were raised on behalf ... this was due in accordance with the
provisions of Section 12A of the Essential Commodities Act, 1955. Sub-section (1), of this Section provides that
During the pendency of the trial,
accused filed an application under Section 167(5) of the Code of Criminal
Procedure (hereinafter referred ... Essential Commodities Act, 1955. Special Court
constituted under Section 12-A of the Essential Commodities Act, is
empowered to exercise power under Section 167(5
Bihar) again relates to an offence allegedly punishable
under Section-7 of the Essential Commodities Act. It appears that on
28.09.1992 at about ... said Act as enumerated in the
said section or delegate its powers to the State Government under
Section 5 of the E.C. Act, subject
liberty to move the appropriate Authority under Section 6(C) of the Essential Commodities Act.
11. Further, as per the decision ... 5) SCC 502, considered by this Court in P.Pannerselvam 's case, are reproduced hereunder:
17. Certain provisions of the Essential Commodities Act