Monoj Kumar, Mukherjee, J. :- On December 23, 1978 an Inspector of Police. Enforcement Branch, Calcutta, inspected the grocery shop-cum-godown of the petitioner, Ram Kumar Keshori, at 191. R. B. C. Road, Naihati and found various infractions of the West Bengal Anti-Profiteering Act, 1958. He seized the goods found in the shop, arrested the petitioner and registered a case against him under Section 8 of the W. B. Anti, Profiteering Act, 1958. During investigation the Investigating Officer filed an application before the learned Sub-divisional. Judicial Magistrate, Barrackpore stating that the investigation of the care also disclosed the commission of an offence under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 by the petitioner and praying that the above Section may be added to the case and further time may be granted to complete the investigation. Though the application was dated July 15, 1979 the learned Magistrate took same for consideration on August 13, 1979, along with the objection that was raised on behalf of the petitioner to its maintainability, in view of the provision of Sub-Section (5) of Section 167 of the Criminal P.C. By an order passed on the