Article 42 — Cases where proceedings shall not be instituted

(I) No proceedings shall be instituted where: (a) the public prosecutor is of opinion that there is not sufficient evidence to justify a conviction: or (b) there is no possibility of finding the accused and the case is one which may not be tried in his absence: or. (c) the prosecution is barred by limitation or the offence is made the subject of a pardon or amnesty; or (d I the public prosecutor is instructed not to institute proceedings in the public interest by the Minister by order under his hand. (2) On no other grounds may the public prosecutor refuse to institute pro- ceedings. (3) The public prosecutor shall institute proceedings In cases affecling the Government when so instructed by the Minister.