Judgment

BHAGWATI, J. - This appeal by special leave raises a short but interesting question of law. The facts giving rise to the appeal are few and briefly stated as follows:

On 1st October, 1970 the police filed a charge-sheet against the respondent in the court of the Judicial Magistrate, First Class, Badami, charging him with having committed an offence punishable under S.34 of the Mysore Excise Act, 1965. The learned Judicial Magistrate by an order dated 3rd October, 1970 refused to take cognizance of the offence on this charge-sheet, since it was filed by the Police and not by an Excise official. The view taken by the learned Magistrate was that under S.60 cl. (b) as amended by Mysore Ordinance No.4 of 1970 which represented the law as it then stood, it was not competent to him to take cognizance of an offence punishable under S.34, except on the complaint or report of an Excise Officer and since the charge-sheet in the present case was filed by the police and not by an Excise Officer, he was precluded from taking cognizance of the offence. The learned Judicial Magistrate on this view directed that the charge-sheet be returned to the police and ordered release of the respondent