TMI Blog2006 (8) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in court which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot by themselves be the basis for quashing the proceedings. Coming to the pivotal stand of respondent no.1, as has been rightly submitted by leaned counsel for the appellant, there is no notification revoking the earlier notification. The letter on which great emphasis has been laid by the respondent no.1 and highlighted by the High Court, the authority to write the letter has not been indicated. It has also not been established that the person was aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was extended in 1989 after the PC Act was promulgated but subsequently the State Government had not considered it appropriate to accord consent to extend some provisions of the Act to the whole of the State of Rajasthan, (c) though the consent had been given by the State of Rajasthan in 1956 and extended in 1989, same did not relate to any particular officer to act in terms of the Act and, therefore, the FIR as lodged had no validity in the eye of law. The High Court accepted the stands. It held that the consent was earlier given in 1956 and extended in 1989 after the Act was enacted. The same became inoperative after the State Government refused to accord consent for extending the same provisions of the Act to the whole of Rajasthan. It was also held that for the authorized officers to function under the Act it was necessary that the officers were required to be individually notified and a general notification would not suffice. 4. In support of the appeal, learned counsel for the appellant submitted that the High Court has committed patent errors in law. First, prayer of the respondent no.1 could not have been adjudicated in a petition instituted under Section 482 of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... res ipsae esse non potest (when the law gives a person anything it gives him that without which it cannot exist). While exercising powers under the section, the court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent abuse. It would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice. When no offence is disclosed by the complaint, the court may examine the question of fact. When a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ringly and that too in rarest of rare cases. The illustrative categories indicated by this Court are as follows: (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rivolous, vexatious or oppressive. If the allegations set out in the complaint do not constitute the offence of which cognizance has been taken by the Magistrate, it is open to the High Court to quash the same in exercise of the inherent powers under Section 482 of the Code. It is not, however, necessary that there should be meticulous analysis of the case before the trial to find out whether the case would end in conviction or acquittal. The complaint has to be read as a whole. If it appears that on consideration of the allegations in the light of the statement made on oath of the complainant that the ingredients of the offence or offences are disclosed and there is no material to show that the complaint is mala fide, frivolous or vexatious, in that event there would be no justification for interference by the High Court. When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in court which decides the fate of the accused person. The allegations of mala fides against the informant are of no consequence and cannot b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een empowered to constitute a special police force to be called the DSPE for the investigation in any Union Territory of offences notified under Section 3. Under Section 5(1) of DSPE Act the Central Government may by order extend to any area including Railway areas in a State, not being Union Territory, the powers and jurisdiction of the members of the DSPE for the investigation of any of the offences or classes of offences specified in a notification under Section 3, Under Section 5(2), when by an order under Sub-section (1), the powers and jurisdiction of the members of the said police establishment are extended to any such area, a member thereof may, subject to any order which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of a police Force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. 23. It is quite evident that members of DSPE are members of special police force constituted under Section 2 of DSPE Act by the Central Government. The quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or offences and in respect of areas outside the Union Territory. It may however be noted here that by a general notification, members of DSPE may be authorised to exercise power of investigation in respect of offence or offences and in areas as specified in the notification under Sections 3 and 5. As already indicated, although officers of Enforcement Directorate are clothed with the powers and duties to enforce implementation of the provisions of FERA, the Central Government has been authorised to impose on other officers including a police officer, power and authority to discharge such of the duties and functions as may be specified by it. It is nobody's case that any notification has been issued under FERA authorising the member of DSPE to discharge the duties and functions of an officer of Enforcement Directorate. In our view, in the absence of such notification under FERA, a member of DSPE, despite the aforesaid notifications under Sections 3 and 5 of DSPE Act, cannot be held to be an officer under FERA and therefore is not competent to investigate into the offences under FERA. 12. Nearly four decades back the position was succinctly stated by this Court in Major E.G. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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