Anticipatory bail under CrPC remains available in Essential Commodities Act cases despite Section 12-AA restrictions after arrest.

Section 12-AA of the Essential Commodities Act was construed as governing release after arrest and the Special Court's powers in relation to arrested persons, not as excluding pre-arrest relief. It does not expressly or impliedly bar the Sessions Court or the High Court from exercising anticipatory bail jurisdiction under Section 438 CrPC, because the special enactment does not provide for anticipatory bail and the two provisions operate in different fields.

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Issues: Whether Section 12-AA of the Essential Commodities Act bars the exercise of power under Section 438 of the Code of Criminal Procedure, 1973 by the Sessions Court and the High Court in cases involving offences under that Act.

Analysis: Section 12-AA was construed as dealing with release after arrest and with the powers of the Special Court in relation to arrested persons. It was held that the provision did not contain any express or implied exclusion of the pre-arrest jurisdiction conferred by Section 438 of the Code of Criminal Procedure, 1973. The principle that a special law overrides a general law was found inapplicable because the special enactment did not provide for anticipatory bail at all, and the two provisions operated in different fields.

Conclusion: Section 12-AA does not take away the power of the Sessions Court or the High Court to grant anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

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