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TMI Blog1998 (4) TMI 573X X X X Extracts X X X X X X X X Extracts X X X X ..... bly has incorporated some amendmendments in sub-section (5) and sub-section (6) of Section 167 of the Code as per West Bengal Act 24 of 1988. By such amendment those sub- sections now read as follows: - (5) If, in respect of - (i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or (ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or (iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years, from the data on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary. (6) Where any order stopping further investigation into an offence has been made and the accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riable by the Magistrate as a summons case nor exclusively triable by a Court of sessions, but triable only by a Special Court in view of the Special Court Act 1949. There is also no dispute that the Charge-sheet was not submitted within two years from the date on which the accused was arrested or made his appearance. This Court has held in State Of West Bengal vs. Pranab Ranjan Roy [JT 1998 (2) SC 364] that: The words 'made his appearance' in Section 167(5) are used along with the preceding words which by themselves form into a composite collection as thus: 'From the date on which the accused was arrested or made his appearance. It must be noted that the purpose of the sub-section is to impose a time schedule for completion of investigation and such time schedule is to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court. So the two years period mentioned in clause (iii) must be reckoned from 18.3.1993 on which date the appellant surrendered himself in Court. The order stopping further investigation into the offence and the consequential order of discharge are not intended to be automatic sequel to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer in charge of the police station to forward a report in the prescribed form. There is nothing in sub-section(5) of Section 167 to suggest that if the investigation has not been completed within the period allowed by that sub-section, the officer in charge of the police station will be absolved from the responsibility of filing the police report under Section 173(2) of the Code on the stoppage of the investigation. Therefore, the Special Court was competent to entertain the police report restricted to six months' investigation and take cognizance on the basis thereof. In Durgesh Chandra Saha vs. Bimal Chandra Saha and Others [1996 (1) SCC 341] the situation considered was one relating to Section 167(5) of the Code as amended by the West Bengal Act. The two-judge Bench held that the consequences envisaged in the sub-section would not befall a case where investigation was completed and charge-sheet was laid, albeit it was only after expiry of the period specified in the sub-section. In our opinion there is no conflict between the aforesaid two decisions and the ratio was applied on the factual position in each case. Nor is it at variance with the view which we have ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (h) or clause (I) of sub-section (2) of that section, with imprisonment for a term which may extend to one year and shall also be liable to fine, and (ii) in the case of any other order, with imprisonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine. Appellant endeavoured in the High Court to show that the said offence is punishable only up to two years, on the strength of the proviso to clause (f) in Section 12-AA(1) of the E.C. Act. That section stipulated that when a Special Court is constituted under Section 12-A for any area, therefore all offences under the E.C. Act committed within that area shall be triable by that Special Court. Clause (f) of Section 12-AA(1) says that all such offence shall be tried in a summery manner. The proviso that clause read thus: Provided that in the case of any conviction in a summery trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years. The contention is that the aforesaid limit fixed by the Parliament would have the effect of altering the extent of punishment for the off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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