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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 ..... ccord of consent provided for in the section, and that, in any case, such an application need not have been made by a person authorised in the manner spoken of by Section 187A of the Act, we repel the argument raised to the contrary on behalf of the accused-respondents. It follows that in the instant case the requirements of both the sections, namely, Section 196A of the Code and Section 187A of the Act were fulfilled before the complaint was filed so that, as found by the High Court, there is no infirmity in the impugned proceedings. Appeal allowed. - 233 of 1972 - - - Dated:- 12-4-1979 - S. Murtaza Fazal Ali and A.D. Koshal, JJ. [Judgment per : A.D. Koshal, J.]. - This appeal by special leave which is directed against a judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39 and 561A of the Code on the ground that the Chief Presidency Magistrate had no power to give the consent which he did on March 5, 1963, because, till that date, Shri Banerjee was not an officer holding the authorisation envisaged in Section 187A of the Act. The petition stated that the Chief Presidency Magistrate could not act under the provisions of Section 196A of the Code unless an application was made to him in that behalf by a person holding such an authorisation. The High Court accepted the contention of the petitioner before it with the following observations : "......The requirement of authorisation under Section 187A Sea Customs Act.......to enable a Court to take cognizance attaches to sanction under Section 196A, Cr.P.C. a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons which follow. 4.The two sections requiring interpretation by us are reproduced below : Section 196A of the Code "No Court shall take cognizance of the offence of criminal conspiracy punishable under Section 120B of the Indian Penal Code. In a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence to which the provisions of Section 196 apply, unless upon complaint made by order or under authority from the State Government or some officer empowered by the State Government in this behalf, or In a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognisable offence not punishable with death, imprisonme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o that the complaint cannot be said to be hit by the provisions of Section 187A of the Act. The argument raised on behalf of the accused respondents and accepted by the High Court, however, was that, as the conspiracy forming the subject-matter of the offence under Section 120B of the Indian Penal Code was a conspiracy to commit offences under the Act, an application by a person holding the authorisation above-mentioned was a sine qua non for the accord of consent under sub-section (2) of Section 196A of the Code. This argument, in our opinion, has no substance. For one thing, Section 196A of the Code does not envisage any application whatsoever and, therefore, no Application at all is necessary for action under that section. Even if it be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act were fulfilled before the complaint was filed so that, as found by the High Court, there is no infirmity in the impugned proceedings. 6.Learned Counsel for the accused-respondents also contended that the consent given by the Chief Presidency Magistrate was not valid in law as it had been accorded without proper application of the mind to the material facts of the case. This contention we do not allow to be raised as it was not put forward before the High Court and embrances questions of fact. 7.For the reasons stated, the appeal succeeds and is accepted. The impugned order is set aside and the trial Court is directed to proceed with the case from the stage at which it was interrupted by reason of the impugned Judgment. - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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