1. THESE five Revisional applications are taken up together for consideration as the same point of law is involved in all these cases. In all these cases, a point that required determination is if sec. 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 section 167 (5) does not apply as offences under sec. 7 (i) (a) (ii) of the e. G. Act is not a summons case and learned special Judge are not Magistrate as contemplated under section 167 Cr. P. C.

2. MR. Roy and Mr. Sen Gupta appearing for the petitioners have submitted that section 12aa of the Essential Commodities (Special provision) Act, 1981 has provided in sub section 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 clause (d) of the section, exorcise in relation to the person forwarded to it under clause (b) same power which a Magistrate having jurisdiction to try a case may exercise u/s 167 of the code in relati