IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15772 of 2001 SHIV KUMAR KHANNA Versus STATE OF BIHAR ----------- 3. 16.8.2010. Heard. The order of cognizance dated 8.7.1999 passed by the learned Sub-Judge, Madhubani arising out of Andharatharhi P.S.Case No.111 of 1997(G.R.No.19 of 1997)cannot be sustained for the following reasons:- The Essential Commodities Act which provides for Special Courts under Section 12A came into force on 1.9.1982. The said Act was enforced initially for a period of five years, i.e. from 1987 to 1992 and thereafter from 1992 to 1997. The Act was enforced till 31st of August, 1997. There were two Ordinances in between Central Ordinance no.21 of 1997 and 13 of 1998. It appears that no Act was passed by the Parliament creating special courts for affording them to take cognizance or try the offences as was provided for in the earlier act no.18 of 1981. The order of cognizance has been passed on 8.7.1999 on which date there was no special court which could be empowered to take cognizance of the offence which could be - 2 - punished under Section 7 of the Essential Commodities Act. As such the order is hereby set aside and quashed. However, the case record along with the materials which could be collected by the police during investigation shall have to be placed before the appropriate court of original jurisdiction empowered to take cognizance under the ordinary provisions of the Cr.P.C. for passing a fresh order of cognizance. This petition is allowed with the above observations. B.Kr. ( Dharnidhar Jha, J. )