( 1 ) THE petitioner is the Managing Director of Messrs. Satya Narain Tea Co. , (Private) Limited. In connection with his business, he had a quota Certificate for 100 tons of iron and steel. It is alleged that out of the said quota, he sold 36 tons of galvanized corrugated sheets in the black market. Consequent upon a report about the said sale by the Officer-in-charge of Hare Street Police Station, the learned Chief Presidency Magistrate purported to take cognizance of the case under Sections 7 and 10 of the Essential Commodities Act 1955 (Act X of 1955 ).

( 2 ) THIS Rule involves the question whether in view of the provisions of Section 11 of the Essential Commodities Act 1955, the learned Chief Presidency Magistrate could on the basis of the said police report, take cognizance of the offences concerned.

( 3 ) SECTION 11 of the Essential Commodities Act, 1955, is as follows:-"no court shall take cognizance of any offence punishable under this Act exception 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 (XLV of 1860 ). '

( 4 ) MR. Banerjee appearing for the petition