The main legal point established in the judgment is that the expiration of the 1998 Ordinance did not affect the jurisdiction of the Special Judge to take cognizance of offences committed prior to the expiration, as the provisions of the 1981 Amending Act remained operative during that period.

JUDGMENT :

L. Mohapatra, J. - This application u/s 482 Code of Criminal Procedure is directed against the order dated 28.8.2000 passed by the learned Special Judge, Balangir taking cognizance of offence u/s 7, 8 and 9 of the Essential Commodities Act, 1955 against the Petitioner and other accused persons.

2. A prosecution report was submitted stating that the Petitioner was appointed as a Storage Agent for Bongamunda Block for the year 1997-98 by the District Manager, Orissa State Civil Supplies Corporation Limited, Balangir. The Storage Agency of the Petitioner was allowed to be continued for the year 1998-99 and accordingly licences were issued under the Orissa Rice and Paddy Control Order, 1965 for both the years 1997-98 and 1998?99. Accused No. 2 who is not a Petitioner before this Court is the husband and power of attorney holder of the Petitioner. He was looking after all the work in respect of the Storage Agency on behalf of the Petitioner. Certain allegations were received against the Petitioner from the President, Zilla Parishad, Balangir and on the basis of such allegations an enquiry was conducted by the Civil Supplies Officer, Balangir. The Marketing Inspector, Civil Supplies Corporation, Balangir also accompanied the Civil Supplies Officer and conducted enquiry. During the enquiry it was revealed that the Secretary, Bangomunda Gram Panchayat was shown to have been issued with rice by the Petitioner as Storage Agent as per the issue register maintained by the Storage Agent to the tune of 255 quintals of rice, are stated to have been issued on 7.4.1998 and on 27.4.98. The Secretary of the Gram Panchayat denied to have received the said stock and on verification of the accounts maintained by the Secretary, Gram Panchayat it was noticed that stock had not been entered in the stock register. Therefore, the Civil Supplies Officer was of the view that the shortage of 255 quintals of rice as mentioned in the issue register maintained by the Petitioner had not at all been supplied to the Secretary of the concerned Gram Panchayat. During enquiry several other irregularities were also found to have taken place and upon verification of all the relevant records and on completion of enquiry, the prosecution report was submitted against the Petitioner and some other accused persons alleging the offence to have been committed under Sections 7,8 and 9 of the Essential Commodities Act, 1955. On the basis of the prosecution report the learned Special Judge took cognizance of the said offences in the impugned order.

3. Shri Dhal, learned Counsel for the Petitioner, challenges the impugned order taking cognizance on the ground that the Special Judge had no jurisdiction to take cognizance. According to Sri Dhal, the Essential Commodities Act, 1955 came into force with effect from 1.4.1995. As the Act was insufficient in controlling the supply, distribution, trade and commerce, it was amended in the year 1981 by Amending Act No. 18 of 1981 and Section 12(A.A.) was inserted into the Act with a non-obstante clause. Shri Dhal further submitted that as per Section 12(A.A.) (I) (B) of the Act Special Court upon perusal of the police report and the facts constituting an offence under the Act can take cognizance of that offence without the accused being committed for trial. Section 11 of the Act prescribes that no Court shall take cognizance for offence punishable under the Act except on a report in writing of the facts constituting the said offence by a person who is a "public servant as defined in Section 21 of the Penal Code. Shri Dhaf submitted that the Amending Act was to remain in force for a period of five years, whereafter it was extended for another period of five years with effect from 1987 under the Essential Commodities (Special Provision) Continuance Act, 1987. Again the Amending Act was extended for a further period of five years in the year 1992. After expiry of the said period, for the first time in the year 1997 an Ordinance was