IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33114 of 2000 Shamshool Hoda, Son of Gulam Rasool, resident of Bouchi, P.S. Araria, District-Araria --------------- Petitioner Versus STATE OF BIHAR ----------- For the petitioner: Sri D.N.Tiwary, Advocate For the State : Smt. Indu Bala Pandey, A.P.P. ------------- 04 08-07-2010 The petitioner has challenged an order of cognizance dated 01.12.1999 passed by the learned Special Judge, Essential Commodities Act, Araria in Special Case No.1 / 1999. In the present case, the order of cognizance was passed by Special Judge, E.C. Act and one of the main grounds for challenge to the order of cognizance is the jurisdiction of the concerned court. Accordingly, the petition is being disposed of in the light of the order passed in Cr.Misc.No.716 of 2000 (Baleshwar Prasad Vs. The State of Bihar) and other analogous cases. In Cr.Misc. No.716 of 2000 (Baleshwar Prasad Vs. The State of Bihar), a counter affidavit was filed on behalf of the State duly sworn by the Deputy Secretary, Food, Supply and Commerce, Government of Bihar. In paragraph no.5 of the said counter affidavit, it was categorically stated that so far as the existence of the Special Court, constituted under Clause-12A and 12AA of the Essential Commodities (Special Provision) Act, 1981 is concerned, same has lost its existence from 8.7.1998 as the very Act has ceased to be in force from 8.7.1998. 2 Learned counsel appearing on behalf of petitioner has submitted that besides the present ground there are other points also to challenge the initiation of the entire proceeding but keeping in view the basic jurisdiction of the court, this court is not passing any remarks on the merit of the case and liberty is granted to the petitioner to raise other points at an appropriate stage before the competent court. In similar circumstances, earlier several petitions were disposed of by a Bench of this court by order dated 3.5.2010. These cases are Cr.Misc.No.15851 of 1999, Cr. Misc. No.7314 of 2000, 7707 of 2000, 7645 of 2000, Cr. Misc. No.7484 of 2001, Cr. Misc. No.16495 of 2001, Cr. Misc. No.23103 of 2001, Cr. Misc. No.35219 of 2000, Cr. Misc. No.14857 of 2000 and Cr. Misc. No.23141 of 2003. This court, keeping in view the settled law as well as number of judgments of this court and of Hon’ble Supreme Court, had allowed the prayer of the petitioners of the said cases in which the order of cognizance passed by Special Judge, E.C. Act were under challenge, which were passed subsequent to 8th July, 1998 since Essential Commodities (Special Provision), Act 1981 had ceased its operation with effect from 8th July, 1998. Initially, the said provision was enacted only for specified period of ten years and after expiry of period of ten years, the period was extended by ordinance. Finally it ceased its operation with effect from 8th July, 1998. In all the aforesaid cases order of cognizance was passed by 3 Special Judge, E.C. Act after 8th July, 2010. Accordingly, the order of cognizance dated 1.12.1999 passed by the Special Judge, Essential Commodities Act, Araria in Special Case No.1 / 1999 under challenge is hereby set aside on the ground of absence of jurisdiction. However, in terms of order dated 3.5.2010 passed in Cr. Misc. No.15851 of 1999 and other analogous cases, the matter is remitted back to the concerned Area Magistrate having jurisdiction to try Essential Commodities Act cases as per law. However, it is made clear that the petitioner would be at liberty to raise all other points, if required, at an appropriate stage. NKS/- ( Rakesh Kumar, J )