Interpretation of legal provisions under the Essential Commodities Act to determine the bailability of the offence

( 1 ) ANTICIPATING arrest in connection with Crime No. 31/2000 registered at P. S. Umaria (Jabalpur) for offence punishable u/s. 3/7 of the Essential Commodities Act, 1955 the applicants have filed this petition u/s. 438, Cr. P. C.

( 2 ) IT appears that by the Essential Commodities (Special Provisions) Act 1981 S. 10-A of the original Act of 1955 was amended and after the word 'cognizable', the words 'and non-bailable' were introduced. The said Act of 1981 was to remain in force for a period of five years only from the date of commencement of 1981 Act. Thereafter by the Essential Commodities (Special Provisions) Continuance Act 1987 para 2 of the preamble of 1981 to the Essential Commodities (Special Provisions) Act, 1981 was amended and in place of five years period of 10 years was substituted. Thereafter by Third Amendment, the said period of continuance was made for fifteen years. After expiry of fifteen years no amendment Act was brought into force but certain ordinances were issued. The last of the ordinance was issued in the year 1988, which lost its life and efficacy by lapse of time thereafter no Act or ordinances have been issued to continue the provisions of 1981 Act. Learned counsel for the State was given opportunity to go through the provisions of law and report to the Court as to whether after 1988 any further Act has been brought in existence or any other ordinance was issued to continue the effect of 1981 Act. Learned counsel for the State submits that despite his best efforts he could not find any other Act or ordinance which continues the effect and operation of 1981 Act.

( 3 ) IF 1981 Act has lost its life then any amendment incorporated by the said Act, which was to remain in force for a period of five, ten, or fifteen years would come to an end and additional words;"and non bailable" shall become non-est and otios. Section 10-A without the said amendment shall now be read as "notwithstanding anything contained in the Code of Criminal Procedure, 1973 every offence punishable under the Act shall be 'cognizable'. "

( 4 ) IN view of the above legal provisions the offence is not non-bailable. Cognizance of such an offence can be taken but in the absence of any other provisions showing the offence to be non-bailable, the offence would continue to be bailable in view of Schedule-II to the Code of the Criminal Procedure, 1973.

( 5 ) AS the offence is bailable, an application under S. 438, Cr. P. C. would not be maintainable. However, taking into consideration that the police and the administration is not likely to know about these provisions and the interpretation, it is hereby directed that because the offences are bailable, in the event of the arrest of the applicants the officer arresting the applicants shall release them on bail treating the offence to be bailable. In the alternative, the applicants may appear before the special Court alongwith the copy of this Order and furnish bail to the satisfaction of the said Court.

( 6 ) THE petition is accordingly disposed of. C. C. be supplied today. Order accordingly.

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