JAGDISH LAL BEHAL Vs. STATE

JUDGEMENT

(1.) IS the Deputy Chief Controller at Imports and Exports. New Delhi, authorised to file a complaint under the provisions of the Imports and Exports (Control) Act. 1947 is the significant question which has cropped up In this petition under Section 482 of the Code of Criminal Procedure, preferred by the accused, and this question has arisen in the following manner.

(2.) THE Deputy Chief Controller of Imports and Exports, New Delhi, filed a complaint under Section 5 of the Imports and Exports (Control) Act. 1947 (hereinafter called the Act) against the petitioners' firm M/s. Pearl Scooters Limited, Ludhiana. The accused was summoned after preliminary evidence. Even the pre-charge evidence was recorded. At the time of consideration of charge, the accused presented an application challenging the authority of the complainant to have filed the complaint. The objection raised was considered and overruled by the learned, Special Judicial Magistrate Ist Class, Patiala and this has given rise to the accused to invoke the inherent jurisdiction of this Court at the initial stage. The objection raised can well be spelled out by quoting from and referring to the Statutes on the subject.

(3.) IN part V of the Constitution of India, Articles 52 and 53 provide that there shall be a President of India, the executive power of the Union shall be vested in the President, and that power shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Article 77 (1) of the Constitution provides that all executive action of the Government of India shall be expressed to be taken in the name of the President. Sub-Article (2) of Article 77 provides: