- (1.)THIS Rule has been directed against the orders dated 16. 1. 74 and 21. 1. 74 passed by the learned Judicial Magistrate Malda in Case No. G. R. 199/68 rejecting the prayer of the petitioner for an order of discharge and against framing of charge under section 6 of the West Bengal Cement Control Order, 194. The Material facts leading upto this Rule are as below: on 11. 6. 68 H. K. Dey, District Enforcement Officer, Malda lodged a First Information Report with the English Bazar police) station, Malda. It was alleged therein that Iswar Chandra Chitlangia-the petitioner before us with his employee Nemai Chand Ghosh was found selling bags of cement to the members of the public although he had no licence to deal with cement. It was further stated that the petitioner had imported 180 bags of cement through his another employee Sheikh Aziz in a hired truck which was driven by one Panchanan Saha. When challenged by the D. E. O. Sri Dey, Nemai Ghosh could not produce any licence authorising the firm to deal in cement. It was further recited that the petitioner Iswar Chandra Chitlangia, Nemai and Aziz were liable to be prosecuted and punished under section 6 of the West Bengal Cement Control Act,' 1948 and Panchanan was liable to be prosecuted and punished under section 7 of the said Act.
(2.)ON the basis of the said first Information Report Police took up investigation and on 16. 8. 68 submitted a charge sheet against Iswar Chandra chitlangia, Nemai Chand Ghosh and sheikh Aziz under section 6 of the west Bengal Cement Control Act, 1948 land against Panchanan Saha under section 7 of the said Act and the learned Magistrate thereafter took cognizance on the basis of the charge sheet submitted by the police and framed charges.
(3.)SECTION 10 of the West Bengal Cement Control Act, 1948 provides that no Court shall take cognizance of any offence punishable under that Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in section 21 of the Indian Penal code. The charge sheet is a report by a Police Officer. A report" by a Police officer can properly be regarded as report by a public servant as has been held by a Division Bench of this Court in Kedernath Saharia vs. State A. I. R. 1962 Cal. 410 and by Mukherjee J in Malay Banerjee vs. State A. I. R. 1967 Cal. 352. The Punjab and Patna High Courts have also held the same view in the cases reported in A. I. E. 1970 Patna 159 Satyadeo Sah vs. State of Bihar, and A. I. R. 1970' Punjab 502- State of Hariyana vs. Rugha. In the instant cases the charge sheet contains statements of facts constituting the offence and it can be classed as a report of the facts made by a public servant in accordance with the provisions of Section 10 of the West Bengal Cement Control Act, 1948.