1. THE petitioner herein is an accused in G. R. Case No. 389 of 1980 under Section 406 I. P. C, of the Court of the learned Sub-Divisional Judicial Magistrate, Krishnanagar, Nadia. That case relates to Kotwali P. S. Case No. 3 dated 1-2-1980. The police investigation into the case was not completed even in April, 1990. In the meantime, the Code of Criminal Procedure (West Bengal Amendment) Act, 1988 came into force with effect from the 2nd May, 1989. Assent of the President of India to the said act was published in the extra-ordinary Calcutta Gazette dated 14th March, 1989. Sub-section (2) of section 1 of the said Amendment Act provides that it shall come into force on such date as the State Government may, by notification in the official gazette, appoint. The Amendment Act, as noted above, was accordingly brought into force with effect from the 2nd May of 1989. Section 4 of the said Amendment Act substitutes sub-section (5) of section 167 cr. P. C. by a new sub-section (5) which runs thus :

"(5) if in respect of - (i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or (ii) any case exclusively triable by