Judgement

S. J. IMAM J. : This is an appeal on a certificate granted by the Calcutta High Court. Two points had been urged before the Bench of the High Court which granted the certificate. The first was that the search conducted by the Customs officials which had resulted in the detection of the currency notes on the person of the appellant had not been a legal search and consequently no proceedings could be based on the purported detection made. This point was rejected by the Bench. The second point urged on behalf of the appellant was that on 16-9-1952, when the Magistrate issued the warrant of arrest against the appellant he could not have done so without having previously taken cognizance of the offence. Since, however, the authorisation required under S. 23 (3) of the Foreign Exchange Regulation Act (VII of 1947) was not obtained till the 27th of January, 1953, the cognizance taken by the Magistrate on 16-9-1952, was without jurisdiction. If the initiation of the proceedings was with- out jurisdiction, the conviction could not stand. The High Court thought that the contention of the appellant raised a question of law and granted the requisite certificate for appeal to this Cour