1995 (9) TMI 78

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....the petitioner's case. I, however, do not consider it necessary to go into those in view of my findings on the plea of lack of sanction/authority in the person signing and filing the complaint, as is required under Section 6 of the Imports and Exports (Control) Act, 1947. My attention has been drawn to the provisions of Sections 5 and 6 of the Imports and Exports (Control) Act, 1947, which read as....

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....may extend to three years and also with fine : Provided that in absence of special and adequate reasons to the contrary to be recorded, in the judgment of the Court, such imprisonment shall not be for less than six months." "6. Cognizance of offences. - No Court shall take cognizance of any offence punishable under Section 5 except upon complaint in writing made by an officer authorised in t....

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....mittedly even if proved, amounted to an offence, punishable under Section 5 of the said Act and cognizance thereof could have been taken only if a complaint had been brought before the Court in writing made by an officer authorised in this behalf by the Central Government by general or special order. No such writing has been pointed out. If such mandatory requirements are provided in the Act, it i....