ORDER

1. This case after a chequered career has come up for final disposal. The State of West Bengal is the appellant. The respondents were sought to be prosecuted for violation of the provisions of West Bengal Spirit and High Speed Diesel Oil (Licensing, Control and Maintenance of Supplies) Order, 1980 read with the provisions of Essential Commodities Act. A complaint was lodged alleging certain contraventions on August 30, 1985. The investigation was completed and a charge-sheet as provided under Section 173 CrPC was filed on February 24, 1986 and the learned Special Judge took cognizance of the offence on February 28, 1986. On August 19, 1987 and on April 6, 1988, the accused persons filed applications seeking discharge. The investigation agency, however, proceeded with further investigation and filed a supplementary report as provided under Section 173(8) CrPC on September 2, 1988. On January 10, 1989, the accused persons filed a petition in the Special Court praying that the Court should not take "cognizance of the supplementary charge-sheet". The learned Special Judge by his order dated March 11, 1989 held that the supplementary charge-sheet did not make out any offence and, t