JUDGMENT - V.K. BARDE, J.: Heard Shri C.R. Deshpande, Counsel for the petitioners and Shri P.B. Varale, Additional Public Prosecutor, for the respondents.

2. It is the contention of the petitioners, that the offences under the Essential Commodities Act, 1955, are bailable offences because the amendment which was carried out in the Act, by Act 18 of 1981 was for a fixed period. That period has expired and, therefore, now the specially inserted word 'non-bailable' in section 10-A is not there in the Act and, therefore, offence becomes bailable offence.

3. Here it is necessary to note the changes which have taken place in section 10-A of the Essential Commodities Act, 1955. In the beginning, section 10-A was providing that the offences under the Act to be cognizable and bailable. However, by the Act 30 of 1974, amendment was effected. The words 'and bailable' were deleted. So, there remained the provision that the offences under the Act to be cognizable.

4. Obviously, when no provision is made under the Special Act, with respect to whether the offences would be bailable or non-bailable, the provisions of the Code of Criminal Procedure, 1973, are attracted. So, the offences under the Es

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