The main legal point established in the judgment is that the jurisdiction of the Special Court under the Essential Commodities Act ceased to exist after a certain date, rendering any judgment or order made after that date without jurisdiction and legally invalid.

1. The appeal is filed by the second accused against the judgment of conviction passed by the Special Court (Essential Commodities Act) Salem for the offence under Clauses 6(2) and 6(3) of Tamil Nadu Schedule Commodities (Regulation of Distribution by Card System) Order 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act 1995.

2. The Criminal law is set in motion against A1 and A2 on the basis of Ex.P1 complaint given by the Deputy Registrar, Public Distribution System, Tiruvannamalai on 30.11.1992 in respect of certain mal-practices allegedly committed between July 1992 and October 1992 in Vedanthavadi Fair Price Shop by preparing bogus bills for sale of essential commodities such as rice, sugar, wheat and kerosene which were supplied to non-card holders and made entries as if the same were supplied to card holders. A1 was during the relevant point of time, the authorised dealer entrusted with the task of supply of scheduled commodities to the card holders and A2 was the salesman of Vedanthavadi Fair Price Shop. The value of essential commodities sold in black was estimated at Rs.5,065.50. The sum of Rs.2,806.10 is, according to the prosecution, value of the shortage and the total loss alleged incurred by the society is to the tune of Rs.7871-60 and A1 and A2 are prosecuted for the violation of Clauses 6(2), 6(3) and 14

(1) of Tamil Nadu Scheduled Commodities (Regulation of Distribution by Card System) Order 1982, r/w 7(1) a (ii) of EC Act 1955.

3. The complaint dated 30.11.1992 was registered as Ex.P25 FIR in Crime No.19/1993, on the file of Civil Supplies, CID, Vellore and the same was forwarded to the Special Court constituted to try the cases under the provisions of E.C. Act and after investigation, charge sheet was filed before the Special Court for E.C. Act, Salem and the same was taken up on file as S.T.C.No.19/1995.

4. The complainant in order to bring home the guilt of the accused, examined PW1 to PW12 witnesses and produced Exs.P1 to P25 documents. When the accused were questioned under Section 313(1)(b) Cr.P.C against the incriminating materials found against them, though both A1 and A2 initially denied the same as false and A2 later on filed an application dated 23.10.1998 accepted the same as true.

5. The Special Court, on the basis of the materials available before the same, found that the prosecution did not establish the guilt of A1 beyond reasonable doubt and acquitted A1 from the charges and found A2 guilty of the offences as referred to above and convicted and sentenced him for the same. Aggrieved against the same, A2 preferred this appeal before this court.

6. The only point seriously urged before this court is that the judgment of conviction and sentence made by the Special Court for the offences punishable under the provisions of Essential Commodities Act is without jurisdiction and is legally null and void. It is argued so by the learned counsel for the appellant on the ground that the offences under Essential Commodities Act are, before Act 25 of 1987 triable by the concerned judicial magistrate court and the Special Court to try such offences was constituted under Essential Commodities Act 1955 (Central Act 10 of 1955) with effect from 2.4.1955. The Act underwent various amendments during 1957, 1961, 1964, 1967, 1971, 1974, 1976 etc. and substantial change was introduced by Essential Commodities (special provisions Act) 1981 (Central Act 18 of 1981).

7. In terms of sub section (3)(1) of section 1 of Central Act 18/81, the Special Provisions Act was to remain in force for a period of 5 years and it ceased to have effect on the expiry of five years from the date of commencement of that Act. Section 12AA which was introduced by the Special Act for the purpose of providing speedy trial under the Act, provides that all offences under the 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 court