Special Public Prosecutor authority upheld in Imports and Exports control prosecutions where complaint was filed by authorised officer.

A Special Public Prosecutor may conduct a prosecution under the Imports and Exports (Control) Act where the complaint is instituted by an officer authorised under Section 6 on behalf of the Central Government department. The requirement of a separate authorisation from the complainant or an additional memo of appearance was rejected, and authorities cited by the challengers were distinguished as involving different factual settings. The court below's order permitting the Special Public Prosecutor to appear was found neither illegal nor improper, and the objection to his authority failed.

---

---

Issues: Whether the Special Public Prosecutor was duly authorised to conduct the prosecution on behalf of the complainant in prosecutions instituted under the Imports and Exports (Control) Act.

Analysis: The complaint was instituted by an officer authorised under Section 6 of the Imports and Exports (Control) Act, 1947, and the prosecution was conducted by the Special Public Prosecutor attached to the Central Bureau of Investigation. The Court accepted that the Public Prosecutor and Special Public Prosecutor could appear in such matters where the complaint was laid by an officer of the Central Government department empowered to do so. The objection that separate authorisation from the complainant or a further memo of appearance was necessary was rejected, and the cited decisions relied on by the petitioners were distinguished as dealing with different situations. The Court also held that the order of the court below permitting the Special Public Prosecutor to conduct the prosecution was not illegal or improper.

Conclusion: The objection to the Special Public Prosecutor's authority failed, and the prosecution by him was held to be valid.

---