( 1 ) THIS Court while disposing of a batch of writ Petitions being W. P. No. 15224 of 1999 and batch found that the Amending Act 18 of 1981 was not in existence therefore cases under Essential Commodities Act had to be dealt with in accordance with the Essential commodities Act, 1955 as it stood before the amendment of 1981. Necessary directions were given. It appears that the registry had issued a Circular in terms of the directions given by this Court.

( 2 ) NOW, it appears that a letter has been received by the Registrar (Judicial) from sri T. Lakshmana Rao, Special Judge for trial of cases under Essential Commodities Act seeking certain clarifications. On the basis of this letter a note was put up before me in my chambers. Clarification is sought as to what would be the fate of pending cases in the light of judgment given by this Court. I directed that the matter be listed before the court after serving a notice on the additional Advocate General who had appeared earlier in the matter. The matter was thereafter listed and I have heard the parties.

( 3 ) IN the preamble to the Essential commodities (Special Provisions) Act, 1981 being Act No. 18 of 1981, it was stated. "and whereas for dealing more effectively with persons indulging in such anti-social activities and the evil of vicious inflationary prices, it is necessary to make certain special provisions, by way of amendment to the essential Commodities Act, 1955 (10 of 1955) for a period of fifteen ears. "

( 4 ) ORIGINALLY the period given was ten years but it was amended by another amendment to make it fifteen years. This amendment Act made amendments to section 3 to Section 11 of the original Act. Section 10-A was also amended and after the word "cognizable" the words "and non- bailable" was inserted. Section 10-AA was also inserted to the original Act which stated:"10-AA. Power to arrest:- notwithstanding anything contained in the Code of Criminal Procedure, 1978, no officer below the rank of an officer incharge of a police station or any police officer authorized by him in this behalf in writing shall arrest any person accused of committing an offence punishable under this Act. "section 12 was omitted and Section 12-A was substituted as under:"12-A. Constitution of Special Court:- (1) The State Government may for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette constitute as many Special Courts, as may be necessary for such area or areas as may be specified in the notification. (2) A Special Court shall consist of a single Judge, who shall be appointed by the High Court upon a request made by the State Government. (3) A person shall not be qualified for appointment as a Judge of the Special court unless - (a) he is a qualified for appointment as a Judge of High Court; or (b) he has, for a period of not less than one year, been a Sessions judge or an Additional Sessions judge. "section 12-AA was also inserted which made the offences triable by Special Courts.

( 5 ) THIS Act came into operation on 1-9-82. The period of fifteen years, therefore, ended on 31st August, 1997. Section 1 (3) of the Act 18 of 1981 laid down;"1 (3) It shall cease to have effect on the expiry of fifteen years from the date of commencement of this Act except as respects things done or omitted to be done before, such cesser of operation of this Act and Section 6 of the General clauses Act, 1897 (10 of 1897) shall apply upon such cesser of operation of this Act, as if it had then been repealed by a central Act. "so, sub-section (3) of Section 1 saved all those actions which were taken when the Act was in operation. That means, all the offences which had taken place prior to 31st August, 1997 had to be dealt with in accordance with act 18 of 1981. That would also mean that the offences under the Act had to be treated as non-bailable offences and were triable by special Judge. After this Act ceased to remain in operation, t