1. These five revisional applications are taken up together for consideration as the same point of law is involved in all the cases. In all these cases, a point that required determination is if S.167(5), Cr.P.C., applied to cases for prosecution of offences under the provision of Essential Commodities Act. Learned Special Judges have found that S.167(5) does not apply as offences under S.7(1)(ii), E.C. Act is not a summons case and learned Special Judges are not Magistrates as contemplated in S.167, Cr.P.C.

2. Mr. Roy and Mr. Sen Gupta appearing for the petitioners have submitted that S.12AA, Essential Commodities (Special Provision) Act, 1981, has provided in sub-sec.1(a) that all offences under the Act meaning E.C. Act shall be triable only by the Special Court constituted according to the provisions of the said Act. Clause (c) of the said sub-section has provided that the Special Court may subject to the provisions of Cl. (d) of the section, exercise in relation to the person forwarded to it under Cl. (b), same power which a Magistrate having jurisdiction to try a case may exercise under S.167 of the Code in relation to an accused person in such case who has been forwa