Ramendra Nath Dutt, J. - (1.) This order will govern both the Rules.
(2.) The Petitioner in Rule No. 1160 has been charged under Sec. 120B of the Indian Penal Code read with Sec. 135 of the Customs Act, 1962. The Petitioner in Rule No. 1233 has been charged under Sec. 120B of the Indian Penal Code read with Sec. 167(81) of the Sea Customs Act, 1878 and Sec. 5 of the Import and Export (Control) Act, 1947. Consent to the initiation of the proceedings against them was given by an order in writing by Sri V. Misra, Additional District Magistrate, 24 -Parganas, under Sec. 196A(2) of the Code of Criminal Procedure.
(3.) Mr. Mukherjee, who appears for the Petitioners in both the Rules, argues that the Additional District Magistrate is not competent to give such consent under Sec. 196A(2) of the Code. He contends that such consent can be given only by the District Magistrate if empowered in that behalf by the State Government, and no Additional District Magistrate has the power to give such consent. Sec. 196A(2) reads as follows: In a case where the object of the conspiracy is to commit any non -cognizable offence, or a cognizable offence not punishable with death, imprisonment for life, or rigorous imprisonment for a term of two years or upwards, unless the State Government or a Chief Presidency Magistrate or District Magistrate empowered in this behalf by the State Government has, by order in writing, consented to the initiation of the proceedings.;