1994 (1) TMI 319

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....he appellant. The respondents were sought to be prosecuted for violation of the provisions of West Bengal Spirit and High Speed Diesel Oil (Licensing, Control and Maintenance of Supplies) Order, 1980 read with the provisions of Essential Commodities Act. A complaint was lodged alleging certain contraventions on August 30, 1985. The investigation was completed and a charge-sheet as provided under S....

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.... the trial on the basis of the main charge-sheet. Aggrieved by the said order, the State filed a revision before the High Court and a Division Bench of High Court by its order dated January 16, 1990 dismissed the same holding that no prima facie case has been made out of any violation of the contents of Direction No. 12 of the said Control Order, as alleged in the supplementary charge-sheet. Chall....

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....ile rejected the same holding that "no cognizance of the offence on the basis of the supplementary charge-sheet can be taken". It may be mentioned here that in the supplementary charge-sheet allegations are to the effect that there was violation of Direction 12 of the Control Order. The question of taking cognizance does not arise at this stage since cognizance has already been taken on the basis ....

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.... the Special Court rejected the report without taking it on record holding that no cognizance can be taken since facts do not support offence under Direction 12. There is no question of taking cognizance at this stage since cognizance has already been taken. The purpose of sub-section (8) of Section 173 CrPC is to enable the investigating agency to gather further evidence and that cannot be frustr....