TMI Blog1990 (7) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Essential Commodities Act, 1955 (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 respectively 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 accordanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o retroactivity. We are 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 appellant did not seriously challenge this finding of the High Court. There is no dispute in this case that the contravention 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 opinion that the High Court was right in holding that Section 4 of the Amendment Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the ordinary criminal Court in respect of a crime can only be inferred if that is the irresistible conclusion flowing from necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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