TMI Blog1985 (8) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... ions Court for exercise of the powers conferred under S. 438 Crl. P.C. Sections 12AA of the Essential Commodities Act and S. 438 Cr.P.C. read as under : Section 12-AA. Offences triable by Special Courts :- (1) Notwithstanding anything contained in the Code, - (a) all offences under this Act shall be triable only by special court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court : (b) Where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of S. 167 of the code, such Magistrate may au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recorded in writing, is of opinion that it is not practicable to give such opportunity and (ii) where the prosecution opposes the application if the Special Court is satisfied that there appear reasonable grounds for believing that he has been guilty of the offence concerned : Provided further that the Special Court may direct that any such person may be released on bail if he is under the age of sixteen years or is a woman or is a sick or infirm person, or if the Special Court is satisfied that it is just and proper so to do for any other special reason to be recorded in writing : (e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e deemed to have been tendered under S. 307 thereof. (4) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under S. 439 of the Code and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to Magistrate in that section included also a reference to a Special Code constituted under S. 12-A . S. 438. Direction for grant of bail to person apprehending arrest : (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the court of Session for a direction under this section; and that court may, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icipatory bail at all to be granted and, therefore, the exclusion of the powers conferred under S. 438 Cr.P.C. by the special provision under the Essential Commodities Act, does not arise. Section 12-AA provides for release of persons after being apprehended of arrest. An analogous provision is enacted under S. 437 of the Cr.P.C. Therefore, it is quite manifest that the principle of Generalia specialibus non derogant has no application in this case, inasmuch as, there is no express provision under the Essential Commodities Act to grant anticipatory bail. If that be so, S. 438 will have to be attracted even to those involved in the offence under the Essential Commodities Act which is special enactment, as not even by implication, the right c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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