Case ID: 6485

Judgment:
ivil Appeal No. 679 of 1978. From the Judgment and Order dated 30.9. 1976 of the Madhya Pradesh High Court in Misc. Petition No. 63 of 1976. S.K. Agnihotri for the Appellants. Nemo for the Respondent. The Judgment of the Court was delivered by 265 SABYASACHI MUKHARJI	 CJ. This is an appeal by special leave from the judgment and order of the High Court of Madhya Pradesh	 dated 30th September	 1976 in Miscellaneous Petition No. 63 of 1976. The respondent was the owner of a truck which was seized by the Police Sorwa on 10th December	 1974 for alleged con travention of the provisions of the (hereinafter called 'the Act ') in connection with Crime No. 42 of 1972. The respondent made applications under Articles 226 and 227 of the Constitution of India	 to the High Court to quash the orders of the Judicial Magistrate First Class	 Alirajpur and the Sessions Judge	 Jhabua re spectively rejecting. his request for the return of the vehicle on furnishing security and to quash the order of the District Collector and restrain him from proceeding further in pursuance of the notice issued by him under Section 68 of the Act for confiscation of the vehicle and ask for return of the vehicle	 or in the alternative to direct the District Judicial Magistrate to dispose of the application in accord ance with law The High Court after setting out the facts addressed itself to three questions	 namely	 (1) whether Section 6A of the as amended by the Amendment Act No. 30 of 1974 was prospective or retrospective? (2) whether in the facts and circumstances	 the criminal Court had jurisdiction to entertain an application under section 523 read with section 516A of the Criminal Procedure Code for the return of the vehicle seized by the Police pending final decision of the criminal case? and (3) whether the respondent was entitled on the merits for the return of the vehicle as prayed for? On the first question	 the High Court was of the view that it was a fundamental rule of law that no Statute should be construed to have a retrospective operation unless such a construction appeared very clearly in the terms of the Act	 or arose by necessary implication	 direct or indirect. The High Court referred to several decisions which it is not necessary for us to refer to. It is well settled that the normal rule of construction is that a provision in a statute is prospective but not retrospective	 however	 in the case of statutes which are merely declaratory or which relate to only matters of procedure or of evidence	 it may have retro spective effect if there are indications to that effect or the manifest purpose compels one to construe the Act as such. On an examination of the statute and the provisions referred to herein	 the High Court found that there was no retroactivity. We are 266 of the opinion that for the reasons given by the High Court	 it is difficult to accept the position that there was no retroactivity. Indeed	 Mr Deshpande appearing for the appel lant did not seriously challenge this finding of the High Court. There is no dispute in this case that the contraven tion of the provisions of the Act is alleged to have taken place in the instant case on the night of 15th March	 1972. The vehicle was seized on 10th December	 1974. The High Court examined Section 4 of the Amendment Act	 along with Section 6A of the Principal Act and came to the conclusion that there was no retrospective effect. We are of the opin ion that the High Court was right in holding that Section 4 of the Amendment Act	 1974 was only prospective and not retrospective. Not only that there were no specific words to indicate the provisions of retrospective effect	 but the positive provisions of sub section (2) of section 1 were to the effect that the amendment must be deemed to have come in effect on a particular date	 is a pointer and that puts the matter beyond doubt. The provisions of section 6A as it stood on 15th March	 1972 only were applicable to the present case and section 4 of the Amendment Act	 1974 could not	 therefore	 be applied as the Act was not in force on the date of offence. The challenge to the High Court order on this aspect cannot	 therefore	 be entertained. It was next contended by the respondent before the High Court that the Criminal Court was empowered under section 7 of the Act to confiscate the vehicle after due and proper inquiry and therefore the proceedings by the District Col lector under section 6A and Section 6B of the Act should be quashed. Reliance was placed on several decisions and au thorities. Our attention was drawn to the decision of the Mysore High Court in the case of The State vs Abdul Rasheed	 AIR ; Sri Bharat Mahey & Ors. vs The State of U. P. & Ors.	 as well as the decision of the learned Single Judge in State of M.P. vs Basant Kumar	 [1972] JLJ Short Note No. 99. On a consideration of the relevant authorities	 the High Court came to the conclu sion that the criminal Court had jurisdiction to deal with the matter. Mr. Deshpande sought to argue that in view of the enactment of the provisions of Section 6A as well as section 7 of the Act	 it cannot be held that the criminal Court continued to retain jurisdiction. He submitted that in view of the enactment of these provisions	 it would be useless to hold that the criminal Court continued to retain jurisdiction	 otherwise the very purpose of enacting section 6A read with section 7 would be defeated. We are	 however	 unable to accept this contention because normally under the Criminal Procedure Code	 the Criminal Courts of the country have the jurisdiction and the ouster of 267 the ordinary criminal Court in respect of a crime can only be inferred if that is the irresistible conclusion flowing from necessary implication of the new Act.	 In view of the language used and in the context in which this language has been used	 we are of the opinion that the High Court was right in coming to the conclusion that the Criminal Court retained jurisdiction and was not completely ousted of the jurisdiction. In that view of the matter	 the High Court was therefore right in passing the order under consideration and in the facts and circumstances of the case to return the vehicle to the respondent on furnishing the security In the premise the appeal must fail and is dismissed. There win	 however	 be no order as to costs. N.P.V. Appeal dismissed.

Summary:
The respondent 's truck was seized by the police on 10th December	 1974 for alleged contravention of the provisions of the on the night of 15th March	 1972. The respondent fried applications before the High Court for quashing the orders of the Judicial Magis trate First Class and the Sessions Judge rejecting his request for the return of the vehicle on furnishing security and also for quashing the order of the Collector and re straining him from proceeding further in pursuance of notice issued by him under Section 6B of the Act for confiscation of the vehicle or directing the District Judicial Magistrate to dispose of his application in accordance with law. Allowing the applications and directing the return of the vehicle	 the High Court held that Section 6A of the Act	 as amended by Section 4 of the Amendment Act	 1974 was only prospective and that the Criminal Court had jurisdiction to entertain applications under Section 523 read with 516A of the Criminal Procedure Code	 for the return of the vehicle seized by the police pending final decision of the criminal case. Dismissing the appeal by the State	 this Court	 HELD: 1.1 The normal rule of construction is that a provision in a statute is prospective but not retrospective. However	 in the case of statutes which are merely declarato ry or which relate to only matters of 264 procedure or of evidence	 it may have retrospective effect if there are indications to that effect or the manifest purpose compels one to construe the Act as such. [265G H] 1.2 The High Court examined Section 4 of the Essential Commodities (Amendment) Act	 1974 alongwith Section 6A of the Principal Act and came to the conclusion that there was no retrospective effect. Not only that there were no specif ic words to indicate the provisions of retrospective effect	 but the positive provisions of sub section (2) of Section 1 were to the effect that the amendment must he deemed to have come into effect on a particular date. The High Court was	 therefore	 right in holding that Section 4 of the Amendment Act	 1974 was only prospective and not retrospective. [266B C] In the instant case	 the contravention of the provisions of the Act is alleged to have occured on 15th March	 1972	 whereas the vehicle was seized on th December	 1974. There fore	 the provisions of Section 6A of the Essential Commodi ties Act	 1955 as it stood on 15th March	 1972 only were applicable to the present case and Section 4 of the Amend ment Act	 1974 could not he applied as the Act was not in force on the date of offence. [266D] 2. Normally	 under the Criminal Procedure Code	 the Criminal Courts of the country have the jurisdiction and the ouster of the ordinary criminal court in respect of a crime can only he inferred if that is the irresistible conclusion flowing from necessary implication of the new Act. In view of the language used and in the context in which this lan guage has been used	 the High Court was right in coming to the conclusion that the Criminal Court retained jurisdiction and was not completely ousted of the jurisdiction. [266H; 267A B]