AJIT KUMAR SENGUPTA, J.

1. THE short but interesting question of law which calls for determination in this case is whether Section 167(5) of the Code of Criminal Procedure would govern the investigation into an offence falling within the ambit of Section 7l)(a)(ii) of the Essential Commodities Act, 1955 as amended in 1981.

2. SHORTLY stated the facts are that the petitioner Jnan Prakash Agarwala was arrested on 9th June, 1985. On 11th June, 1985, FIR was lodged with the Officer- in- Charge, Nalhati P.S. On 17th June, 1985, Biswanath Agarwalla, the owner of the godown where search was conducted by the District Enforcement Branch, moved a writ application before this Court challenging, inter alia, the legality and validity of the seizure of Kerosene Oil made on 9th June, 1985, as well as FIR dated 11th June, 198S. An interim order was passed by this Writ Court staying the proceeding under the FIR till 24th June, 1985. The said interim order was thereafter extended and the Special Officer was appointed by the learned Single Judge for reverification of the stock. An appeal was preferred against the said interim order in FMAT No. 2268 of 1985 and stay application was also filed i