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(2) Shri K. Raman, Deputy Chief Controller of Imports and Exports (herein to be called the complainant) filed a cumplaint againtst A. N. Lewis and another in the court of Shri Lokeshwar Prasad. Judicial Magistrate lit Class, Tis Hazari. De'hi. on. 26th of February. 1973, [ under section 120-B read with section 5 of the Imports and Exports Control Act and section 420 Indian Penal Code .. sections 420, 468 and 471 Indian Penal Code . Prior to the filing of the complaint, F.I.R. was registered by the C.B.I, authorities and enquiries were made in the matter by the police. The result of the said enquiries was made available to the complamant, who taking advantage of the same filed the present complaint. After the accused person had put in appearance In court, the petitioner through his counsel moved an application dated 30th March, 1973, requesting that. a direction be issued to the complainant to supply to the accused copies of the statements of the witnesses recorded by the police during the course of investigations, and of the other documents relied upon by the complainant. The learned Magistrate relying upon a judgment of M. R. A. Ansari J. in Criminal Revision No. 256 of 1972 in re: Joint Chief Controller of Imports and Exports v. M. L. Gupta and others decided on 5th December, 1972, rejected the application holding that the accused persons were not entitled to the supply of the copies of documents referred to under section 173(4) of the Code before the Commencement of the trial except the copy of the complaint and the list of witnesses which had already been furnished to them.

(10) The contention of the petitioner appears to be specious but is untenable. The present complaint had been filed by Shri K. Raman. Deputy Chief Controller of Imports & Exports against the petitioner and another for having committed offences punishable under sections 120-B of the Indian Penal Code read with section 5 of the Imports & Exports (Control) Act (hereinafter to be called the Act) and section 420 Indian Penal Code . and section 420, 468 and 471 Indian Penal Code . The co-accused Shri Thomas Edward was also alleged to have committed an offence punishable under section 5 of the Imports & Exports (Control) Act 1947. One of the offences which the accused persons are alleged to have committed is punishable under section 5 of the Act. Section 6 of the Act envisages that no court shall take cognizance of any offence punishable under section 5 of the Act except upon complaint in writing made by an officer authorised in that behalf by the Central Government by the general or special order and no court inferior to that of Presidency Magistrate or of Magistrate 1st Class shall try any such offence. It would accordingly be seen that section 6 of the Act imposes a complete prohibition on a court to take cognizance of an offence under section 5 of the Act on a police report. Cognizance by a court can be taken only on a complaint made by an officer duly authorised on that behalf by the Central Government by general or special order.