Guwahati Court December 1969 Judgments

Government of Manipur Vs. R.K. Lukhoisana Singh S/O Khurailakpa of Yai ...

Court: Guwahati

R.S. Bindra, J.C.1. This reference under Section 432(1) of the Criminal P. C. made by Shri Th. Gunamani Singh, Sub-divisional Magistrate, Imphal West, respecting two excise cases pending in his Court under Section 53(a) of the Eastern Bengal and Assam Excise Act, 1910, hereinafter called the Act, raises the question whether Sub-Inspector of Police has the legal authority to launch prosecutions under that provision of the Act. The Sub-Divisional Magistrate has expressed the opinion in the negative.2. The prosecution in each case was launched by a Sub-Inspector of Police and the authority for the initiation of proceedings by a Police Officer, it is contended on behalf of the State, is derived from the order dated 4th of May 1959 made by the Chief Commissioner, Manipur. That order shall hereinafter be mentioned as the Order. The subject of initiation of prosecutions is dealt with in Section 65 of the Act. It is provided therein, inter alia, that no Magistrate shall take cognizance of an...