BHARGAVA, J. - (1.) These are four bail applications under S. 438 Cr. P.C., which have come before this Division Bench on a reference by the learned single Judge for-decision on the following question "Whether the High Court has power to grant anticipatory. bail to a person accused of Essential Commodities Act."
(2.) We have heard learned counsel for the petitioners as well as learned Public Prosecutor,
(3.) Before we consider the submissions made by learned counsel for the parties, it will be profitable to reproduce the relevant portion of S.12AA of the essential Commodities Act, which was added by the Essential Commodities (Special Provisions) Act, 1981 with effect from 1st September, 1982. "12AA...(1) Notwithstanding anything contained in the Code:- (a) and (b) . Provided that (c) .. (d) save as aforesaid no person accused of or suspected of the commission of an offence under this Act shall be released on bail by any Court other than a Special Court or the High Court, Provided that a special Court shall not release any such person on bail :-; (i) without giving the prosecution an opportunity to oppose the application for such release unless the Special Court, for reasons to be recorded in writing is of the opinion that it is practicable to give such opportunity; (ii) where the prosecution opposes the application, if the Special Court is satisfied that there appears 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) and (f) . (2) and (3) .. (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-sec, (1) of that Section as if the reference to "Magistrate" in that Section included also a reference to a "Special Court" constituted under S. 12A: 12AC, Application of Code to proceedings before a Special Court: -Save as otherwise provided in this Act, the provisions of the Code (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor".;