TaxTMI 
TaxTMI 
TaxTMI 
2000 (8) TMI 1097
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.... of the Code of Criminal Procedure in the Trial Court for being discharged on the grounds that the order of the prosecution had not been passed by an appropriate authority and that the cognizance could not have been taken as according to him the complaint was barred by limitation. The Magistrate rejected the application by his order dated 17.3.1995 and the revision filed in the High Court was dismissed vide the order impugned in this appeal. Relying on the provisions of Section 13(3) of the Act, the Trial Magistrate as well as the High Court held that Section 13(3) of the Act provided the taking of previous consent or sanction of the appropriate Government and the time required for obtaining such consent or sanction was to be excluded in te....
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....ling the complaint. He drew our attention towards the averments made in the petition and the order of sanction to urge that even if no sanction was required, the complaint be deemed to have been filed within time as the complainant and the other officials bonafidely believed that such a sanction was necessary before the filing of the complaint. In order to appreciate the rival submissions of the learned counsel appearing in the case, a cursory look at some of the provisions of the Act is necessary. The Act has been enacted to consolidate the law relating to official secrets. Section 5(2) provides that if any person voluntarily receives any secret official code or pass word or any sketch, plan, model, article, note, document or information ....
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....mplaint under the Act. 'Consent' or 'sanction' envisaged under Section 470 Cr.P.C. cannot be equated with the 'order' or 'authority' for the purposes of filing the complaint as envisaged by Sub-section (3) of Section 13 of the Act. Specific provisions have been made in various statutes requiring previous consent or sanction for the purposes of launching of prosecution against the accused under those enactments. Explanation to Sub-section (3) of Section 470 Cr.P.C. obviously refers to such consents and sanctions and not the order or authority as required under the Act. Consent or sanction as are referred to in the Prevention of Corruption Act, Prevention of Food Adulteration Act, various Foodgrains Control Orders, and other similar enactment....
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....erein it was held: "In construing the provisions of a statute it is essential for a court, in the first instance, to give effect to the natural meaning of the words used therein, if those words are clear enough. It is only in the case of any ambiguity that a court is entitled to ascertain the intention of the legislature by construing the provisions of the statute as a whole and taking into consideration other matters and the circumstances which led to the enactment of the statute." Though Sub-Section (3) of Section 13 of the Act is not pari materia to Section 6 of the Import and Export (Control) Act, 1947, yet we find that the insistence of the order or authority is intended to ascertain the filing of the complaint under the Act without ....
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.... authorisation from the appropriate government or other authority before launching prosecution is for the protection of the alleged offender so that irresponsible prosecution is not launched." We, therefore, agree with the submissions made by Mr.Bahuguna that no sanction or consent is provided to be taken from the Government under Section 13(3) of the Act and the period spent in obtaining the orders for filing the complaint cannot be excluded under Explanation to Subsection (3) of Section 470 Cr.P.C. The mere fact that the complaint was filed 25 days after the expiry of the period of limitation, did not entitle the accused to seek his discharge under Section 245 Cr.P.C. because the complainant has, under law, a right to seek for extension....