JUDGMENT - M.B. GHODESWAR, J.:---Parties by Counsel. Rule returnable forthwith. 2. The applicant/s have filed application for bail before the learned Chief Judicial Magistrate, Buldana for the release of the applicant/s on bail for offences punishable under sections 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'the Act'). The learned Magistrate, in paragraph 8 of the order, has referred to section 17 of the Act and rejected the application on the ground that the Court cannot take cognizance of the offence and nowhere in the Act it is mentioned that the Court granting remand or magisterial custody can release the accused on bail. The applicants, therefore, approached the IInd Additional Sessions Judge, Buldana for bail. The learned Additional Sessions Judge, Buldana, vide his order dated 19-12-1992, rejected the application for bail on more or less same grounds as given by the learned Chief Judicial Magistrate. Both the courts below have observed that the Magistrate has no jurisdiction to take cognizance of the offences under sections 10 and 13 of the Act in order to pass an order on the bail application and have held that they have no jurisdiction to release the applicant/s on bail. 3. Admittedly, the accused in this case were produced before the learned Chief Judicial Magistrate under section 167 of the Code of Criminal Procedure. Section 167 of the Code of Criminal Procedure lays down the procedure where investigation cannot be completed in 24 hours. The learned Chief Judicial Magistrate granted magisterial custody remand till 30-12-1992. The Magistrate has referred to the argument of learned Additional Public Prosecutor appearing before that Court for the particular provision and commentary under section 90 which reads as under : "Order by which accused is remanded to custody to enable police investigation to be complete does not amount to taking cognizance." The learned Chief Judicial Magistrate was, therefore, aware that taking cognizance and jurisdiction of the Court are two different things. Both the courts have ignored the legal position and referred to section 17 of the Act which reads thus : "No Court shall take cognizance of the offence punishable under this Act, except with the previous sanction of the Central Government or any Officer authorised by the Central Government in this behalf." The question of taking cognizance of any offence by the Magistrate is relevant as per provisions under section 190 of the Code of Criminal Procedure. In this case, sub-section (1)(b) of section 190 of the Code of Criminal Procedure is relevant. The Magistrate may take cognizance of any offence upon a police report of such facts. This means that for prosecution under the Act, the sanction of the Central Government or any Officer authorised by the Central Government in this behalf is required. Therefore, the Magistrate may take cognizance of the offence in such a case after the charge-sheet is filed in the Court. This has no connection with the jurisdiction of the Court. Nowhere in the scheme of the Act, there is provision for Special Court for trying the offences under Chapter III of the Act. Therefore, the provisions of Code of Criminal Procedure are relevant and according to section 4(2) of the Code of Criminal Procedure, "all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences". 4. Therefore, the learned Chief Judicial Magistrate, Buldana gets the jurisdiction. The orders passed by both the courts are not legal and correct. The orders are, therefore, quashed and set aside. 5. The offences are punishable upto seven years imprisonment. The applicants are entitled for bail. 6. The applicant/s be released on bail on furnishing P.R. Bond in the sum of Rs. 5,000/- with one surety in the like amount each, on condition that the applicant/s shall report to the Investigating Officer on 6th of January, 1993 in between 10.00 and 12.00 A.M. and thereafter whenever required by the Investigating Officer. Order accordingly. *****