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TMI Blog1979 (4) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... an offence under Section 120B of the Indian Penal Code as they were guilty of a conspiracy to commit offences under Item 91 of the Schedule to Section 167 of the Sea Customs Act (hereinafter referred to as the Act) and Section 5 of the Imports and Exports (Control) Act (the Control Act, for short). The application was granted on March 5, 1963 when the Chief presidency Magistrate accorded the consent asked for. Four days later, i.e., on March 9, 1963, Shri Banerjee was authorised by the Chief Customs Officer, Calcutta, to prosecute the said persons for the commission of offences under Item 81 and Section 5 above mentioned. On the same date, .i.e., March 9, 1963, Shri Banerjee actually filed a complaint against the said 14 persons accusing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 120B must also be obtained by an officer mentioned in Section 187A, Sea Customs Act,....." An argument put forward on behalf of Shri Banerjee that Section 196A of the Code did not speak of any authorisation was repelled by the High Court in the following terms : "Mr. Mitra has also submitted that not only Section 196A does not speak of any authority but that even after sanction, prosecution may not be initiated. This, in our view is over-simplification of the matter. Prosecution has been initiated and therefore this Court has to decide whether the Magistrate is authorised under the law to take cognizance, without sanction under Section 196A being obtained by person competent to initiate proceeding." 3.On behalf of Shri Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be necessary." "Section 187A of the Act Cognisance of offences: No Court shall take cognizance of any offence relating to smuggling of goods punishable under Item 81 of the Schedule to Section 167, except upon complaint in writing, made by the Chief Customs Officer or any other officer of Customs not lower in rank than an Assistant Collector of Customs authorised in this behalf by the Chief Customs Officer." There is a corresponding section in the Control Act which, according to the High Court, provides for a similar bar against the taking of cognizance of complaints by Courts but to which we shall no longer advert as arguments were not addressed to us in relation thereto by learned Counsel for either party. 5.Now, Section 187A abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny person whosoever, whether or not he is connected with the official machinery normally burdened with the duty of initiating prosecutions. It is no doubt true that the consent to be given has to follow a consideration of all the material facts of the case, but then the status of the person who supplies such facts is not relevant. If the legislature had intended to restrict the accord of consent under Section 196A of the Code to cases in which applications had been made by persons authorised in a particular manner, the exercise of the power would surely have been made subject to such a condition in specific terms. Holding that no application was at all needed for the accord of consent provided for in the section, and that, in any case, such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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