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2000 Supreme(MP) 643

R.S.GARG
DINESH KUMAR DUBEY – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
Ajay Tamrakar, G.S.AHLUVALIA, SHIMLA JAIN

R. S. GARG, J.

( 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







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