NARAYANDAS BHAGWANDAS MADHAVDAS vs THE STATE OF WEST BENGAL

The Supreme Court held that cognizance of an offence under the Foreign Exchange Regulation Act, 1947, was taken by the Additional District Magistrate on February 2, 1953, after a complaint was filed, thus validating the trial. The Court clarified that the mere issuance of a search warrant or arrest warrant does not constitute taking cognizance. It emphasized that cognizance occurs when a Magistrate applies his mind to the case for proceeding under Section 200 and subsequent sections of the Code of Criminal Procedure, 1898. The appellant's conviction for attempting to take currency notes out of India was upheld as the facts established the offence.