Judgement

VAIDIALINGAM J. :- The sole point which arises for consideration, in this appeal by special leave, directed against the order of the High Court of Delhi dated November 21, l966, is about the validity of the complaint filed by the Deputy Chief Controller of Imports and Exports, New Delhi, the respondent herein under Section 5 read with Section 6 of the Imports and Exports (Control) Act, 1947 (Act XVIII of 1947) (hereinafter referred to as the Act). Section 6 of the Act, relating to cognizance of offences, is as follows :

"6. No Court shall take cognizance of any offence punishable under Section 5 except upon complaint in writing made by an officer authorized in this behalf by the Central Government by general or special order, and no Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any such offence."

2. The respondent filed a complaint, on December 31, 1962, before the First Class Magistrate, Delhi, alleging that the appellants, before us, and four others, had committed offences punishable under Section 120 B, read with Section 420, I. P. C., and Section 5 of the Act. The complaint, fairly elaborately, sets out the various matters