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1984 Supreme(Del) 157

H.L.ANAND, H.C.GOEL
M/S. VINIYOGA INTERNATIONAL, NEW DELHI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
K.C.MITTAL, M.L.Sachdev, S.L.KHANNA

H. L. ANAND, J.

( 1 ) AT what stage of the proceedings, on a complaint by a public servant of an offence, which has been duly investigated by the Police, under the provisions of the Code of Criminal Procedure, is the accused entitled to copies of statements recorded u/s. 161 of the Code, and of documents, sought to be used at the trial is the only question that calls for decision in this petition u/s. 482 of the Code.

( 2 ) PETITIONERS are facing prosecution for offences u/s. 120-B read with Sections 420/468/471, I. P. C. , and u/s. 5 of the Imports and Exports (Control) Act, 1947, on a complaint filed by the Deputy Chief Controller of Imports and Exports. The offences, alleged against the petitioners, though duly investigated by the Central Bureau of Investigation in accordance with the provisions of the Code did not, however, culminate in a report u/s. 173 of the Code, as an investigation by the Police would normally do, because cognizance of an offence under S. 5 of the Imports and Exports (Control) Act could not be taken by any Court except on a complaint by the competent authority by virtue of Section 6 of the Act. The complainant, respondent herein, is the competent authority
















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