JUDGMENT

Ahmadi, J. - Special leave granted.

2. In this appeal by special leave two questions arise for our consideration, namely, (i) whether a Special Court constituted under section 12A of the Essential Commodities Act, 1955 (hereinafter called the Act) is empowered to exercise powers under sub-section (5) of section 167 of Code of Criminal Procedure, 1973 (the Code) for short in relation to an accused person forwarded to it under clause (b) of sub-section (1) of section 12AA of the Act? and (ii) whether a Special Court can, notwithstanding the fact that the charge-sheet has been filed after the expiry of the period of six months from the date of arrest of the accused person or the extended period, take cognizance of the offence and proceed to try and punish the accused person? These two questions arise in the backdrop of the following facts.

3. A police party headed by an Inspector of Police raided the business premise and godown of the respondents on March 16, 1984 and in the presence of respondent Falguni Dutta seized certain essential commodities stored in contravention of certain orders issued under section 3 read with section 5 of the Act. The accused Falguni Dutta was arrest