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Alaga Pillai Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in74Ind.Cas.958
AppellantAlaga Pillai
RespondentEmperor
Cases ReferredMahomed Kasim v. Emperur
Excerpt:
.....be said to be violative of articles 14 and 16 of the constitution. the impugned rule creates a classification of persons, who were not involved in criminal cases and persons, who were involved in criminal cases. the object of creating such a classification is to ensure that only those persons, whose character and antecedents were beyond and shadow of doubt alone, are permitted entry into the police service of the state. the rule is only a reflection of the intention of the government to maintain purity of administration. the rule merely provides a check post or a filter point, to ensure that only those, who had a clean record of personal life, are admitted into the system. that the existing system, has already come under heavy dose of criticism, cannot be swept under the carpet...........raised in this criminal revision case is, that the magistrate, who tried the case, the second class magistrate of thirumangalam has not been, empowered to try cases under the opium act, 1 of 1878, as required by section 3 of the act. we are referred to a notification of government published in the fort st. george gazette under date 4th june 1915 which empowers the second class magistrates mentioned therein by virtue of their office to try cases under the opium act. the second class magistrate of thirumangalam is mentioned in the list appended to the notification. we entertain no doubt whatever that this is a special empowering of the person holding that office in virtue of his office within the meaning of: section 29 of the criminal procedure code and would satisfy the requirements.....
Judgment:
ORDER

1. The only point raised in this Criminal Revision Case is, that the Magistrate, who tried the case, the Second Class Magistrate of Thirumangalam has not been, empowered to try cases under the Opium Act, 1 of 1878, as required by Section 3 of the Act. We are referred to a Notification of Government published in the Fort St. George Gazette under date 4th June 1915 which empowers the Second Class Magistrates mentioned therein by virtue of their office to try cases under the Opium Act. The Second Class Magistrate of Thirumangalam is mentioned in the list appended to the Notification. We entertain no doubt whatever that this is a special empowering of the person holding that office in virtue of his office within the meaning of: Section 29 of the Criminal Procedure Code and would satisfy the requirements referred to by the learned Judges in Mahomed Kasim v. Emperur 28 Ind. Cas. 156 : 17 M.L.T. 191 : 2 L.W. 233 : (1915) M.W.N. 269 : 16 Cri.L.J. 268.

2. The petition is dismissed.


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