The jurisdiction of the Special Court under the Essential Commodities Act is determined by the relevant provisions of the Essential Commodities (Special Provisions) Act 1981 and its extensions, and the court's decision relied on the interpretation of these provisions to establish the lack of jurisdiction.

By the Court - Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order dated 10.3.2003, passed by learned Sub-Divisional Judicial Magistrate. Porahat at Chaibasa, in G.R. Case No.3 of 1999, whereby the application filed by the petitioner for discharge has been rejected by the Court below.

3. The facts of the case lie in a short compass. A seizure of 248,5 quintals of rice was made on 24.2.1999, by the Supply Inspector. Chakradharpur. in the presence of S.D.O. Porahat at Chakradharpur from the shop of the petitioner Ashok Kumar Agrawal. Alleging that the petitioner was storing the rice beyond the storage limit the police case was instituted on the basis of the written information given by Supply Inspector. Chakradharpur, on 27.2.1999, being Chakradharpur P.S. Case No. 24 of 1999 corresponding to G.R. No.3 of 1999, for the offence under Section 7 of the Essential Commodities Act and investigation was taken up.

4. It appears that after investigation of the case charge-sheet was submitted against the petitioner for the offence under Section 7 of the Essential Commodities Act. Pursuant thereto, by order dated 17.7.1999 passed in G.R No.3 of 1999, the Special Judge E.C. Act. Chaibasa took cognizance of the said offence against the petitioner. The order taking cognizance has been brought on record as Annexure 3 to this application.

5. The petitioner had challenged the said order taking cognizance in Patna High, Court. Ranchi Bench, in Cr. Misc. No. 5973 of 1999 (R) which was however permitted to be withdrawn by order dated 17.12.1999, giving the petitioner the liberty to raise his point- at the appropriate time in view of the ground taken by the petitioner that no case was made out against him. Subsequently, the petitioner filed his application for discharge, which was rejected by the impugned order dated 10.3.2003 .passed by the learned S.D.J.M. Porahat at Chaibasa, which has been challenged in this application. It may be pointed out that a separate confiscation proceeding was initiated with respect to the seized rice in this case which was dropped by order dated 5.3.2000 passed by the Collector. West Singhbhum at Chaibasa in Confiscation Case No. 9 of 98-99.

6. Learned counsel for the petitioner has taken a short point challenging' the impugned order and has submitted that on the date of occurrence, the Special Judge E.C. Act had no jurisdiction to take cognizance against the petitioner, as the Special Court had already ceased to exist by the efflux of time and accordingly, the entire proceeding thereafter is vitiated and cannot be sustained in the eyes of law.

7. In support of his contention learned counsel has drawn the attention of this Court towards the Essential Commodities (Special Provisions) Act 1981. wherein by Section 12-A. the power was vested with the State Government for Constitution of the Special Courts for trying the offences under the Essential Commodities Act, According to Section 1 (3) of the said Act, the life of the Act was only for five years from the date of the commencement of the Act. The said Essential Commodities (Special Provisions) Act. 1981, got the assent of the President of India on 2nd September, 1981.

8. Subsequently, the life of the said Act was extended from time to time and the first extension was done by the Essential Commodities - (Special Provisions) Continuance Act. 1987, whereby the words 'five years' were substituted by the works 'ten years' by making amendment in Section 1 (3) of the Essential Commodities (Special Provisions) Act. 1981. Subsequently, by the Essential Commodities (Special Provisions) Continuance Act. 1993, the amendment was made in Section 1(3) of the Principal Act and the words 'ten years' were substituted by the words 'fifteen years' in Section 1 (3) of the Essential Commodities (Special Provisions) Act. 1981, Upon expiry of the period of fifteen years. the Essential Commodities (Special Provisions) Ordinanc