Section 12AA(1)(e) of the Essential Commodities Act, 1955 overrides the provisions of Section 11 for a temporary period of five years, as provided by the Amending Act 18 of 1981, and empowers Special Courts to take cognizance of offences without a complaint.

D. L. MEHTA, J.

( 1 ) THE Supply Officer, Dholpur lodged a complaint on 21st Feb 1983, under S. 3/7 of the Essential Commodities Act. The said complaint was lodged before the Special Court constituted under the amended Act No. 18 of 1981, by which Special Courts were constituted. The petitioner preferred an application before the Special Court on 28th Feb. , 1983 and submitted that the Special Court is not competent to take cognizance especially in the light of the provisions of S. 12aa (1) (e ). Sub-sec (e) reads as under :-" (E) a Special Court, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial;"1a. The contention of the petitioner before the Court below was that no complaint can be entertained as provided under Sec. 11 after the amended Act No. 18 of 1981. The learned Addl. Session Judge (Special Court), Dholpur, vide his order dated 22nd June, 1984, held that he is competent to take cognizance under S. 11 of the Essential Commodities Act and S. 12-AA (1) (e), as amended by Act No. 18 of 1981, will not take away the jurisdiction vested in the Court under S. 11 of the Act.

( 2 ) I have heard the learned counsel for the petitioner S/shri N. L. Tibrewal and R. S. Rathor and the learned Public Prosecutors S/shri M. I. Khan and G. C. Chatterjee.

( 3 ) THE question involved in the instant case is only a question of law and so, it was agreed upon between the parties that this case should be finally disposed of at the admission stage. Before dealing with the rival contentions of the parties, I would like to reproduce Ss. 11 and 12aa as under :-"11. 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 Sec. 21 of the I. P. C. (45 of 1860 ). ""12aa. Offences triable by Special Courts. (1) Notwithstanding anything contained in the Code :- (a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court ; (b) where a person is accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under Sub-s. (2) or Sub-sec (2-A) of S. 167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate; provided that where such Magistrate considers - (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him ; that the detention of such person is unnecessary, he may, if he is satisfied that the case falls under the proviso to S. 8, order the release of such person on bail and if he is not so satisfied, he shall order such person to be forwarded to the Special Court having jurisdiction ; (c) the Special Court may, subject to the provisions of clause (d) of this sub-section, exercise, in relation to the person forwarded to it under Cl. (b), the 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 forwarded to him under that section ; (d) save as aforesaid no person accused of or suspected of the commission of an offence under this Act shall be released on bail by any Court other than a Special Court or the High Court; provided that a Special Court shall not release any such person on bail - (i) without giving the prosecution an opportunity to oppose the application for such release unless the Special Court, for reasons to be recorde