V.K.Gupta, J. - (1.) This reference shall endeavour to examine the true import and scope of the State amendment carried out in respect of section 167(5) of the Code of Criminal Procedure. 1973 (hereinafter Code, for short). Section 167(5) of the parent Code read as under:- "If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that or special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary."
(2.) By the Code of Criminal Procedure (West Bengal Amendment) Act 1988, which came into force with effect from 2nd May, 1989, sub-section (5) of section 167 of the Code was substituted by way of the aforesaid State amendment for the State of West Bengal. The substituted sub-section(5) in the State amendment reads as under:- "(5) If in respect of- (i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or (ii) any case exclusively triable by a court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860) the investigation is not concluded within a period of three years, or (iii) any case other than those mentioned in clauses (i) and (ii) the investigation is not concluded within a period of two years from the date on which the accused arrested or made his appearance. The Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the Investigation satisfied the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary."
(3.) Accused Kalyan Kumar Das was arrested on 25th January, 1988 and on the same date a case was registered at Keshpur Police Station against him, being case No. 5 of 25th January, 1988 under section 7(1) (a) (ii) of the Essential Commodities Act, 1955. On completion of the investigation, charge-sheet being CS No. 32 of 12th October, 1988 was submitted against the accused. This charge sheet was received by the learned Judge, Special Court, Midnapore, under the Essential Commodities Act on 16th November, 1988 and the cognizance thereupon was taken by the learned Special Judge on 8th December, 1988. 27th January, 1989 was fixed as the date for examination of the accused in terms of section 251 of the Code. On this date an application was moved by the accused before the learned special Judge for quashing the proceedings and for an order of acquittal of the accused on the ground that investigation of the case continued beyond the period of six months and such continuance being totally without jurisdiction, the cognizance taken thereupon by the learned Judge was bad and hence the accused was entitled to an order of acquittal. The learned special Judge however vide order 28th February, 1989 rejected the aforesaid application of the accused. The accused filed a Criminal Revision Petition in this court which came up for consideration before a learned single Judge. The dates indicated below will give a preview of the relevant periods relating to the completion of the investigation beyond time and the filing of the case in the court etc.:- JUDGEMENT_163_CALLT2_1998Html1.htm;