KANTA BHATNAGAR, J. - (1.) IN this application under Section 482 of the Code of Criminal Procedure petitioner Jai Chand has prayed for quashing the proceedings against him under Section 3/7 of the Essential Commodities Act (here in after to be referred as 'the Act') pending before the Special Judge, Sirohi.
(2.) ON December 17, 1982 shop of the petitioner was inspected by the Enforcement Inspector. A complaint against him was filed in the Court of Special Judge, Sirohi on the ground of violation of Rule 6(a) of the Rajasthan Cattle Fodder (Sale of Stock and Prohibition of Export) Order, 1981 (for short 'the Order'). The allegations were that the petitioner had imported 25 bags of Guar from Gujarat to Abu Road by Truck No. RJQ 4162 and thus violated the provisions of the Order. A number of grounds have been raised in the petition for getting the proceedings pending before the Special Judge, Sirohi quashed, but the learned Counsel for the petitioner confined his arguments to the point that the Order of 1981 ceased to have force on July 31, 1983. As such after the expiry of that temporary statute no prosecution under Order can be launched or continued on the ground of violation of any provision of that statute. The inspection of the shop was made on December 17, 1982 when the order was in force. The First Information Report at Police Station Sirohi against the petitioner was filed on August 25, 1985. The challan against him was filed on November 20, 1985. The Order of 1981 was in force for the specified period up to July 31, 1982. Later on this date was substituted by date September 30, 1982. By a further amendment the date was substituted by July 31, 1983. After July 31, 1983 the Order of 1981 ceased to have force. It was in the year 1985 that another Order was passed. The proceedings against the petitioners were initiated for violation of Section 6(a) of the Order of 1981 which undisputedly ceased to have force on July 31,1983.
(3.) THE pertinent question calling for determination is as to whether the proceedings in the case under the Act which was in force when the alleged offence is said to have been committed can be continued when the complaint and the chargesheet have been filed when the Order had already ceased to have force.;