AIR 2001 SUPREME COURT 2972 ::2001 AIR SCW 4450 ::(2002) 140 ELT 327 ::2001 (4) CurCriR 248 ::2001 FAJ 2 309 ::(2002) 1 AllCriR 254 ::(2002) Mad LJ(Cri) 165 ::2002 SCC(Cri) 62 ::2002 (1) SCC 15 ::2002 (1) RecCriR 295 ::(2001) 7 Scale 532 ::2002 CriLR(SC MAH GUJ) 31 ::2001 (45) All LR 812 ::2002 CalCriLR 124 ::2002 (2) BLJ 481 ::2001 (3) EastCriC 345 ::2001 (21) OCR 654 ::(2002) 1 Ker LJ 134 ::2002 (1) RajCriC 122 ::2002 (1) UC 91 ::(2001) 4 Crimes 391 ::2001 (4) LRI 267 ::2001 (8) Supreme 1 ::2002 All MR(CRI) 454 ::2002 (44) AllCriC 510 ::(2002) SC Cr R 16 ::(2002) 1 EFR 1 ::(2001) 9 JT 357 (SC) ::2001 (9) JT 357

Supreme Court Of India

(From : Madras)*

Hon'ble Judge(s): D. P. Mohapatra, K. G. Balakrishnan , JJ

Essential Commodities (Special Provisions) Act (18 of 1981) , S.12A— Essential Commodities Act (10 of 1955) , S.11— Criminal P.C. (2 of 1974) , S.167— Special Court constituted under Act - Also assigned to try cases under NDPS Act @page-SC2973along with cases under Essential Commodities (EC) Act - By efflux of time E.C. (Special Provisions) Act lapsed - Special Court constituted for trial of E.C. Act cases cease to exist but continued as such under NDPS Act - Presiding Court assigned cases under NDPS Act has no power to remand accused implicated for offence under E.C. Act. On a fair reading of the provisions of Essential Commodities Act and Essential Commodities (Special Provisions) Act, 1981 it is clear that during the period the EC Special Provisions Act was in force the special Court constituted for trial of offences under Essential Commodities Act (EC Act) had exclusive jurisdiction to try such cases. The Special Court had also the power to pass order of remand under S. 167 but the position changed after the EC (Special Provisions) Act lapsed by efflux of time. Thereafter, the position that used to prevail before the EC (Special Provisions) Act was enforced, stood restored and the judicial magistrates who were previously competent to try the EC Act cases got the jurisdiction to deal with such cases. The position is beyond any pale of doubt....