I.A. Ansari, J.

1. Whether a Magistrate has the power to take cognizance of an offence, under Section 100, IPC, on the basis of a 'police report', submitted in terms of Section 173(2), Code of Criminal Procedure, is the subject of controversy in the present cases.

2. By order, dated 21.9.2007, passed, under Section 144(2) of the Code of Criminal Procedure (in short, 'the Code'), by the District Magistrate, Jorhat, the use, import, storage, transportation and sale of crude molasses (treacle or rotten gur) was, in the district of Jorhat, prohibited, the order having been passed on the ground that molasses (treacle or rotten gur) is the main raw material for production of illicit liquor in Jorhat district. The order also made it clear that any violation of the order would be punishable under Section 188, IPC. Following the publication of the said prohibitory order, Inspector of Excise, Jorhat, seized, on 27.9.2007, a large number of tins of lali gur, lying in the godowns of the employers of the present Petitioners, on the ground that storage of the said lali gur amounted to disobedience of the said prohibitory order and, therefore, punishable under Section 188, IPC. An informati