The court emphasized the legislative intent, the harmonious interpretation of conflicting provisions, and the rights of bringing offenders to justice.

Petitioners are the accused in S.T. 6 of 1985 pending before the Special Judge, Trichur. That case was instituted on a complaint filed by the 1st respondent, Drug Inspector. The complaint is for offences punishable under para 21 of the Drugs (Prices Control) Order, 1979 read with Ss. 3 and 7(1)(a)(ii) of the Essential Commodities Act, 1955. In this petition filed under Section 482 of Cr.P.C., the prayer is for quashing the proceedings in S.T. 6/85. The simple question for consideration is whether the Special Judge is competent to take cognizance of the offence on a complaint filed by the Drugs Inspector and proceed with the case."

2. Section 11 of the Essential Commodities Act, 1955 (Act 10 of 1955) reads :

"No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in S. 21 of the I.P.C. (45 of 1860)."

3. The Essential Commodities Act was amended by the Essential Commodities (Special Provision) Act, 1981 (Act 18 of 1981). The amendments were intended to be operative only for a temporary period of five years. The object of the amendment was to deal more effectively with persons indulging in hoarding and black-marketing of, and profiteering in, any essential commodities and the evils of vicious inflatory prices and for matters connected therewith or incidental thereto. Section 2 of the Amendment Act provided that during its continuance, the principal Act (Essential Commodities Act, 1955) shall have effect only subject to Ss. 3 to 11 of the Amendment Act. By Ss. 3 to 11 of the Amending Act, most of the sections in the principal Act were drastically amended temporarily for the purpose of achieving the abovesaid object. Section 10-A of the principal Act was amended. Section 12 was omitted. Section 12-A was substituted in order to provide for constitution of special courts consisting of a single Judge. The single Judge shall be a person qualified to be appointed as a Judge of the High Court or who has been a Sessions Judge or Addl. Sessions Judge for a minimum period of one year. A new provision was inserted as Section 12-AA, which among other things provided that (1) all offences under the Act shall be triable only by a Special Court and (2) the Special Court may, upon perusal of a police report, take cognizance of the offence without the accused being committed to it for trial. The first provision mentioned above comes under Section 12AA(1)(a) and the second one comes under Section 12-AA(1)(e). The contention is that on account of the provision referred to as item 2 above, the Special Court is competent to take cognizance only on a police report and by no other method. In other words, the argument was that by the introduction of, Section 12 AA(1)(e), Section 11 of the principal Act must be deemed to have been impliedly repealed in its operation during the temporary period of five years when the Amending Act is put in force.

4. Before the commencement of the Amending Act Magistrates had jurisdiction to try cases under the principal Act. There was a total prohibition under Section 11 of the principal Act in taking cognizance of offences except on a report in writing by a person who is a public servant as defined in Section 21 of the I.P.C. At the time of arguments before me, it was not disputed by either side that a "public servant" mentioned in Section 11 includes a police officer and "report" mentioned therein includes one filed under Section 173(2) or 173(8) of the Cr.P.C. by a police officer. To bring an offender to justice is the right of every citizen. Probably, Section 11 of the principal Act introduced a restriction to this right only by way of protection or safeguard against harassment by interested persons. Rival businessmen may be interested in filing false complaints against their counterparts in business. The provision introducing a restriction in the right of bringing offende