S.H.S. Abidi, J.

This application has been filed by petitioner Gaya Prasad alias Gaya Prasad Gupta under Section 482 of the Code of Criminal Procedure against the order of the learned Special Judge, Arrah dated the 11th August, 1983 passed in Suit No. 610/83 (58 of 1983 E.C. Act) taking cognizance of the offence under section 7 of the Essential Commodities Act, 1955 for violation of the provision of Bihar Cement Control Order, 1972 (hereinafter referred to as 'the Control Order').

2. Briefly stated the case is that a complaint was filed on 1.7.1983 by the Assistant Marketing Officer, Buxar alleging inter alia, that from the records of the accounts maintained by the petitioner firm it appeared that the entries of purchase and sale from 1.1.1981 to 28.10.1981 have not been correctly maintained and so the petitioner has committed an offence in violation of the said provision. The learned Special Judge after perusal of the complaint, took cognizance of the offence as said above.

3. Learned counsel for the petitioner has urged that the learned Special Judge has acted without jurisdiction in taking cognizance of the offence as the Act has been amended by the Essential Commodities (S