1. This is a petition under S. 438, Cr. P.C. filed by the accused petitioner, seeking grant of anticipatory bail in a case bearing FIR No. 189 dated 14-10-2000 under S. 7 of the Essential Commodities Act, 1955 (hereinafter referred to as Act), recorded in PS Sadar, Panipat.

2. At the outset the question arose as to whether the offence under S. 7 of the Act is bailable or non-bailable. Hence the learned counsel for the parties were directed to address their arguments on this question.

3. After hearing the counsel for the parties and after perusing the record, it transpires that S. 7 of the Act, as it stood prior to the amendment of the said Act by virtue of the Essential Commodities (Special Provisions) Act, 1981, would be relevant in this regard. It transpired that under S. 10-A of the Act, as it stood prior to 1981 amendment, every offence punishable under the said Act was cognizable. Subsequently, by virtue of 1981 Amendment Act, the words "and non-bailable" were inserted. Initially, this was done for a period of 5 years from the date of commencement of 1981 Amendment Act (1st September, 1982). Later on, this period of 5 years was enhanced to 10 years. Later on this perio