The petitioners are being prosecuted on the allegation that they had committed an offence under section 7 of the Essential Commodities Act, (hereinafter referred to as the Act) because they were transporting rice without obtaining necessary permit from the authorities concerned and without having paid the levy.

2. It has been contended that the entire proceeding against the petitioners, pending before Shri J. Ram, Munsif Magistrate, Supaul is liable to be quashed, inasmuch as the cognizance of the alleged offence taken by the Sub-divisional Magistrate was without jurisdiction on account of the fact that as laid down in section 11 of the Act, no court shall take cognizance of any offence punishable under the Act, except on a report in writing of the facts constituting such offence made by a person who is a public servant, as defined in section 21 of the Indian Penal Code, whereas the reports submitted by the police on the basis of which the Sub-divisional Magistrate has taken cognizance clearly stated that after investigation the police had come to the conclusion that the allegations made against the petitioners were false and that no case for prosecution has been made out.

3. The material facts relating to the case are these, on the 13th of February, 1973 Md. Zahir Alam, Supply Inspector made a report to the Block Development Officer, Raghopur stating that at about 1.45 P.M. on that date he found that 21 bags of rice were loaded inside a bus and 22 bags of rice on the roof of the bus, bearing registration number BRF 3803, near Simrahi Bazar Chowk. The bus was said to be proceeding to Saharsa from Pratapganj. On inquiry made by the Supply Inspector from the driver, Khalasi and conductor of the bus as to the ownership of the rice, they said that the rice had been loaded at Pratapganj. It further transpired that 21 bags of rice had been kept in the bus at 12.30 P.M. on the same day in front of the shop of one Sheo Prasad Sah and the remaining 22 bags were loaded on the bus when the staff of the bus had gone to take meal in the Bazar. None of them could give any clue as to whom the said 43 bags of rice belonged. It was suspected that the owner of the bags of rice had not paid the levy and that he had committed a breach of an Order made under section 37 of the Act, and were therefore, liable to be prosecuted and punished under section 7 of the Act. The Block Development Officer forwarded that report to the Bhojpur Police who instituted a case under section 7 of the Act. After investigation, the police submitted final form, saying that the allegations were false and that no case had been made out against the petitioners.

4. When the matter was placed before the Sub-divisional Magistrate, he perused not only the final form submitted by the police, but also the original report made by the Supply Inspector and on the basis thereof, he came to the conclusion that a prima facie case under section 7 of the Act, had been made out against the petitioner and, therefore, disagreeing with the report of the police he took cognizance of the offence and transferred the case to the file of the Munsif Magistrate. At the stage of the framing of the charge, the petitioners filed an objection contending that in view of the provisions of section 11 of the Act, the cognizance taken by the Sub-divisional Magistrate was without jurisdiction and that, therefore, no charge should be framed against him.

5. The question for consideration is whether the cognizance taken by the Sub-divisional Magistrate was without jurisdiction. This question of law does not present any difficulty in view of the express provision of section 11 of the Act. The said section clearly provides that no court shall take cognizance of any offence punishable under the Act, except on a report in writing of the facts constituting such offence made by person who is a public servant as defined under section 21 of the Indian Penal Code. The report which had been made to the Sub-d