BHARGAVA, J.—Petitioner Krantichand holds a whole-sale licence to deal in food grains issued under the Food Grains Licencing Order, 1964 promulgated under sec. 3 of the Essential Commodities Act, 1955 (hereinafter called the Act.).

2. It is said that he committed an offence under sec. 7 of the Act by contravening a condition incorporated in paragraph 9(3) of the Licence issued to the petitioner on 21st September, 1964. For this contravention the petitioner was challaned in the Court of the Additional District Magistrate, Ajmer on 28th January, 1965.

3. On behalf of the petitioner two preliminary objections were taken before the Additional District Magistrate, Ajmer viz.,

(1) that he could not be tried summarily under sec. 12A of the Act as this provision could not apply to any offence alleged to have been committed prior to 5th November, 1964.

(2) that the condition of licence contained in paragraph 9 contravention of which was the ground of charge having been deleted by the Amendment Order dated 26th September, 1964, the petitioner could not be tried of the alleged contravention dated 21st September as the contravention had ceased to be an offence, if any, on and from 26th September, 1964.

4. The learned Additional District Magistrate rejected both the preliminary objections raised by the petitioner by his order dated 9th March, 1965 and the said order was maintained by the Sessions Judge also on 26th April, 1965. It is against this order that the present revision application has been submitted.

5. On 5th November, 1964 by Ordinance No. 3 of 1964 sec. 12A was inserted in the Act. It runs thus:—

"12A. Power to try summarily—(1) Notwithstanding anything contained in sub-sec. (l) of sec. 260; of the Code of Criminal Procedure, 1898, any magistrate of the first class specially empowered in this behalf by the State Government or any presidency magistrate shall try in a summary way all offences relating to the contravention of any such order made under sec. 3 as the Central Government may by notified order specify in this behalf, and the provisions of Chapter XXII of the said Code shall, as far as may be, apply, to such trial:

Provided that in the case of any conviction under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year.

(2) Notwithstanding anything contained in sec. 414of the Code of Criminal Procedure, 1998, there shall be no appeal by a convicted person in any case tried summarily under this section in which the magistrate passes a sentence of imprisonment not exceeding one month or of fine not exceeding two thousand rupees, or both.

Subsequently, the above Ordinance was repealed and Essential Commodities Amendment Act, 1964 (Act No. 47 of 1964) was promulgated on 24th December, 1964 and came into force retrospectively from 5th November, 1964. The following new sec. 12A was inserted in the Act by this Amendment Act of 1964:

"12A. Power to try summarily—(1) If the Central Government is of opinion that a situation has arisen where, in the interests of production, supply or distribution of any essential commodity or trade or commerce therin and other relevant considerations, it is necessary that the contravention of any order made under sec. 3 in relation to such essential commodity should be tried summarily, the Central Government may, by notification in the Official Gazette, specify such order to be a special order for purposes of summary trial under this section and every such notification shall be laid, as soon as may be after it is issued, before both Houses of Parliament.

(2) Where any notification issued under sub-sec. (1) in relation to a special order is in force, then, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), all offences relating to the contravention of such special order shall be tried in a summary way and by a magistrate of the first class specially empowered in this behalf by a State Government or by a presid

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