ORDER 1. This case after a chequered career has come up for final disposal. The State of West Bengal is the appellant. The respondents were sought to be prosecuted for violation of the provisions of West Bengal Spirit and High Speed Diesel Oil (Licensing, Control and Maintenance of Supplies) Order, 1980 read with the provisions of Essential Commodities Act. A complaint was lodged alleging certain contraventions on August 30, 1985. The investigation was completed and a charge-sheet as provided under Section 173 CrPC was filed on February 24, 1986 and the learned Special Judge took cognizance of the offence on February 28, 1986. On August 19, 1987 and on April 6, 1988, the accused persons filed applications seeking discharge. The investigation agency, however, proceeded with further investigation and filed a supplementary report as provided under Section 173(8) CrPC on September 2, 1988. On January 10, 1989, the accused persons filed a petition in the Special Court praying that the Court should not take "cognizance of the supplementary charge-sheet". The learned Special Judge by his order dated March 11, 1989 held that the supplementary charge-sheet did not make out any offence and, therefore, "no cognizance" of it can be taken. However, the learned Special Judge decided to proceed with the trial on the basis of the main charge-sheet. Aggrieved by the said order, the State filed a revision before the High Court and a Division Bench of High Court by its order dated January 16, 1990 dismissed the same holding that no prima facie case has been made out of any violation of the contents of Direction No. 12 of the said Control Order, as alleged in the supplementary charge-sheet. Challenging the same, the present appeal is filed. 2. We have heard both the counsel at length. The simple question that arises ultimately for consideration in this matter is whether the supplementary report filed by the investigating agency under Section 173(8) CrPC can be taken on file by the Magistrate or not? Section 173(8) CrPC lays down that nothing in Section 173 shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and whereupon such investigation the officer-in-charge of the police station obtains further evidence oral or documentary he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed. But the Special Judge instead of taking it on file rejected the same holding that "no cognizance of the offence on the basis of the supplementary charge-sheet can be taken". It may be mentioned here that in the supplementary charge-sheet allegations are to the effect that there was violation of Direction 12 of the Control Order. The question of taking cognizance does not arise at this stage since cognizance has already been taken on the basis of the main charge-sheet. What all Section 173(8) lays down is that the investigating agency can carry on further investigation in respect of the offence after a report under subsection (2) has been filed. The further investigation may also disclose some fresh offences but connected with the transaction which is the subject-matter of the earlier report. In the instant case, the supplementary charge-sheet mentions that there was a contravention of Direction 12 and whether the same is substantiated or not by sufficient material would be a question which has to be considered at a later stage. At the stage of filing supplementary report itself the trial court which took cognizance cannot reject the same outright since it is only a supplementary report in support of the earlier report. Somehow the Special Court rejected the report without taking it on record holding that no cognizance can be taken since facts do not support offence under Direction 12. There is no question of taking cognizance at this stage since cognizance has already been taken. The purpose of sub-section (8) of Section 173 CrPC is to enable the investigating agency to gather further evidence and that cannot be frustrated. If the materials incorporated in the supplementary charge-sheet do not make out any offence, the question of framing any other charge on the basis of that may not arise but in case the court frames a charge it is open to the accused persons to seek discharge in respect of that offence also as they have done already in respect of the offence disclosed in the main charge-sheet. The rejection of the report outright at that stage in our view is not correct. 3. The rejection of the report outright at that stage in our view is not correct. 3. In the result, the orders of the Special Court as well as of the High Court are set aside and we direct the Judge, Special Court, Essential Commodities, to receive the supplementary report filed by the investigating agency and it is open to the accused persons to seek discharge in respect of the offence alleged in thesupplementary report and the learned Special Judge shall dispose of the same in accordance with law along with the other petitions filed by the accused seeking discharge. 4. The appeal is disposed of with the above directions. For Citation : 1994 Supp (3) SCC 318