section 5(1) of
the West Bengal Special Courts Act (Act X of 1950). Section
5(1) of that Act provided as follows ... discretion and therefore had to be
adjudged unconstitutional. Section 11 of the Ordinance,
like section 5
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
were tried for an offence punishable under Section 3 of the Essential Commodities Act in Special Case No. 4 of 1993. As there was delay ... section (1) and Sub-section (3) of Section 378 of the Code on one hand, and Sub-section (4) and (5) of Section
SC1167 (9)
ACT:
Essential Commodities Act (10 of 1955), s. 7--Offence under-
Report under s. 11.-Whether amounts to Police Report
requisite under ... report in writing by the police officer. Section
1 1 of the Essential Commodities Act, 1955 reads as follows
" 11. Cognizance of offences
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
offence punishable under Section 161, Section 165 or
Section 165-A of the Penal Code, 1860 or under Section 5 of this Act without ... under
J&K PC Act, 2006 and as per Section 3 of the Act, all offences under the
Act are cognizable and non-bailable
Act, 1922 (11 of 1922), or under this Act.
(5) Where any money, bullion, jewellery or toher valuable article or thing (hereinafter in this section ... liability under this Act and any one or more of the Acts specified in clause (a) of sub-section (1) of section
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
under Section 120B IPC read with Sections 7 , 11 and
12 of the Prevention of Corruption Act (hereinafter referred to as ‗ PC
Act ... attached
where investigation relates to an offence
under Section 376, 376A, 376B,376C
[Section 376D or Section 376E of the Indian
Penal Code