The Court emphasized the lack of authority in the Code of Criminal Procedure for an order to cancel a first information report and stop an investigation based on the need for government sanction, highlighting the public interest in allowing police investigations of alleged offences.

JUDGMENT

Derbyshire, C.J. - In this matter, on the application of the Superintendent and Remembrancer of Legal Affairs, Bengal, the Court on 20th December 1943, issued a rule upon the District Magistrate of Murshidabad and Mr. S. U. Choudhury, Sub-Divisional Magistrate, to show cause why the orders made by Mr. Choudhury in this matter should not be set aside or why such other or further order should not be made as to the Court might seem fit and proper. The Court further ordered that in the meantime notwithstanding anything in the orders abovementioned, police investigations should proceed forthwith and continue. The matter arises in this way. One Moulvi A. Hamid is a supply officer in Berhampore. Amongst the supplies with which he has to deal is sugar which as to sale, distribution and price is controlled by Government. On 29th November 1943 one Brindaban Saha, a grocer of Berhampore, made a statement which I will read:

My name is Brindaban Saha, son of late Ashutosh Saha of Berhampore Strand Road, Berhampore. I have a grooery shop and godowns. I took license last year in the month of March to deal in sugar. I am a wholesale and retail dealer. I sell sugar on permits issued by the Supply Officer. I have to submit returns for sugar every 15 days. In the return I show the total quantity of sugar sold and also the total quantity in hand. The controlled shop-keepers and the public take sugar on permits. The Supply Officer, Hamid Sahib, occasionally cheeks the permits and the sale register of sugar. He takes away the permits for the period he has already checked. In October last, on the 10th or 11th which date I cannot exactly remember, Hamid Sahib sent three permits through his orderly Latif for seven bags of sugar. They were issued in favour of (1) Sital Prosad Saha for one bag and a half; (2) Nirmal Datta for one bag and a half; and (3) Mohammad Omar for four bags. Making over the permits to me, Latif told me that the permit holders would take delivery of the sugar. I waited for 2/4 days, but finding that nobody was coming to take the sugar I enquired of Hamid Sahib what should be done with this sugar, whereupon he replied that this might be made over to Nripen Sen of Gorabazar. Nripen Sen was present in the Supply Office. Hamid Sahib made the arrangement that he would take the sugar. Nripen Sen agreed to take delivery within a day or two. I waited further for a similar period. As he did not turn up, I sent my employee Harendra Kumar Saha to Hamid Sahib to enquire what was to be done with this sugar.

Hamid Sahib told Harendra to show the sale of the sugar in the name of the permit holders: he would make the arrangements for its disposal after checking the accounts. Accordingly, I showed the sale in the accounts of 2nd Kartic (October 19) and entered it in the return from 16th October to 30th October. On 11th November Hamid Sahib checked the accounts register and put his signature. He took away all the permits of the period from 16-10-'43 to 30-10-'43 which he had checked. I again reminded Hamid Sahib for the disposal of seven bags of sugar and expressed my inability to keep them as surplus and unaccounted for. At this, Hamid Sahib asked me to give money by selling the sugar in black market. I did not agree to this.

I repeatedly requested him for its disposal but up till now he has made no arrangement. He has been passing the time saying that he would do it later on. On 20th November last, the Police Inspector took away the accounts registers of sugar from my shop. I was afraid of this and requested Hamid Sahib to dispose of the sugar. I was no longer prepared to keep this sugar in concealment. I resolved to disclose it to the Police and thus did so to the Daroga Babu of Berhampore P. S. I shall produce these 7 bags of sugar from my shop. These bags of sugar were damaged by the rats while lying in the godown. The bags were replaced by the new ones. The weight of these bags which was shown in the stock and sale register was not exact