T.P.Mukherji, J. - (1.) These six Rules are taken up for bearing together as the same questions of law and fact are involved in all of them. The Rules in Criminal Revision Cases Nos. 119, 120, 126 and 191 of 1968 arise out of trials being held in the courts of Presidency Magistrates at Calcutta while the Rules in Criminal Revision Cases Nos. 132 and 235 of 1968 arise out of trials in the courts of Special Judges created under the West Bengal Criminal Law Amendment (Special Courts) Act 1949. The trials in the courts of the presidency magistrates are in respect of offences under the Indian Penal Code and also an offence under the Imports and Exports (Control) Article 1947.
(2.) All tht cases were initiated on complaints although all of them were preceded by police investigations held under Chapter XIV of tht Code of Criminal Procedure In the cases pending before the magistrates, permission was taken by the investigating officer from the magistrates concerned under Section155(2) of the Code of Criminal Procedure to investigate inasmuch as offences under the Imports and Exports (Control) Act are non-cognizable. After investigations in those cases no reports under Section 173 of the Code were, however, filed and cognizance was taken on complaints filed bv persons authorised by the Central Government under Section 5 of the Imports and Exports (Control) Act.
(3.) In one of the cases pending before the Special Courts (Criminal Revision Case No. 235 of 1968) the report of the investigating officer was treated as a complaint and cognizance was taken thereon, while in the other (Criminal Revision Case No. 132 of 1968) the public prosecutor of the district filed a petition made by an inspector of police who obviously held the investigation in the case and that petition made by the police inspector but filed by the public prosecutor was treated as a complaint.;