During the subsistence of the Essential Commodities (Special Provision) Act, 1981, cognizance of offenses under the Essential Commodities Act, 1955, can only be taken on a police report under S.12AA(1)(e) and not on a complaint filed by a public servant under S.11.

Alleging violation of certain provisions of West Bengal Kerosene Control Order, 1968 framed under S.3 of the Essential Commodities Act, 1955 the Sub-Divisional Controller, Food and Supplies, Contai filed a complaint against the petitioner in the Special Court constituted under S.12A of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act'), as amended by the Essential Commodities (Special Provision) Act, 1981 (hereinafter referred to as the Amending Act). On that complaint the Special Court took cognizance of an offence under S.7 of the Act and issued warrant of arrest against the petitioner. Aggrieved by the institution of the prosecution the petitioner moved this Court for quashing of the same, by filing this revisional application which has been heard as contested one. Considering the importance of the question of law involved in this case, this Court requested Sri Balai Chandra Roy, learned Advocate, to appear as amicus curiae; and this Court records its deep appreciation for the assistance rendered by Sri Roy in deciding the question.

2. The question so involved is, whether the Special Court constituted under S.12A of the Act can take cognizance of such an offence under S.11 thereof on a complaint filed by a public servant?. To find out the answer it will be necessary to consider the relevant provisions of the Act, the objects and reasons for enacting the Amending Act of 1981; and the nature of the amendments.

3. The Act was amended in 1981 for a temporary period of 5 years for dealing more effectively with persons indulging in hoarding and black marketing of, and profiteering in essential commodities and with the evil of vicious inflationary prices and for matters connected therewith or incidental thereto. With that object in view, S.10A of the principal Act was amended by S.9 of the Amending Act to make offences punishable under the Act non-bailable. Special provisions have also been made regarding grant of bail to persons accused of offences under the Act and their trial in Special Courts with experienced persons as Judges. For these purposes S.12A of the principal Act has been substituted and a new section, namely, S.12AA has been added. Under the substituted provision of S.12A, Special Courts are to be constituted for speedy trial of offences under the Act and only persons who are qualified for appointment as a Judge of a High Court or are for a period not less than one year, a Sessions Judge or an Additional Sessions Judge can preside over these Courts. Under S.12AA offences under the Act are to be tried only by the Special Courts and the manner in which persons accused of offences under the Act are to be dealt with has also been provided thereunder. The power of a Magistrate, to whom a person arrested under the Act may be forwarded, to grant bail has been severely truncated. Similarly, when such person is forwarded to the Special Court under sub-cl. 1(b) thereof, the Special Court's power to grant him bail has been curtailed. Sub-sec. 1(e) of S.12AA entitles a Special Court to take cognizance of an offence under the Act upon perusal of a police report of the facts constituting the offence; and under sub-sec. 1(f) thereof the offences are to be tried in a summary way in accordance with the provisions of Ss.262 to 265 of Criminal PC as far as practicable.

4. Read in the context of the objects and reasons behind the enactment of the Amending Act and the stringent provisions enacted pursuant thereto, it appears to me that recourse to S.11 of the Act, which provides that no Court shall take cognizance of any punishable offence under that Act except on a report in writing of the facts constituting such offences made by a person who is a public servant as defined in S.21 of the Penal Code, would frustrate the entire scheme of the Amending Act. If a public servant files a complaint and the Special Court takes cognizance under S.11 on that complaint, the Court can only issue process in accordance w