JUDGMENT

A.K. Dutta, J. - The question falling for consideration here is whether in cases instituted otherwise than on police report a Magistrate can allow continuation of further proceedings beyond four years from the date of appearance of the accused if all the evidence referred to in section 244 of the Code of Criminal Procedure (hereinafter referred to as "Code") are not produced in support of the prosecution without being satisfied by the prosecution that upon the evidence already produced and for special reasons there is ground for presuming that it shall not be in the interest of justice to discharge the accused in view of the amended provisions of Section 245 (3) of the Code). The question arises in the facts and circumstances hereunder stated.

2. On 20th March, 1985 a Food Inspector of the Calcutta Municipal Corporation had inspected the godown of the petitioner-accused Shyam Sunder Sharma at P-185, Strand Road, Calcutta, who had found an article of food, viz. salt (edible) stored/exposed for sale for human consumption. The said Food Inspector purchased some sample of the said salt from the petitioners after due compliance with all the requisite formalities. The Food Inspe