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Nishi Kanta Lahiri Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in34Ind.Cas.314
AppellantNishi Kanta Lahiri
RespondentEmperor
Excerpt:
arms act (xi of 1878), sections 19, 20 - evidence indicating offence under section 20--commitment to sessions--magistrate's duty to order. - .....we have heard the learned deputy legal remembrancer who has shown cause on behalf of the crown; but we must say that we fail to understand the attitude taken up. he has read us the evidence which has been recorded in this case. so far as the offence under section 19f is concerned, it rests mainly on the evidence of two police officers who are said to have found the ammunition in the possession of the petitioner. if that evidence is believed, it is abundantly clear that an offence under the first portion of section 20 was also committed. it would be for the court to determine whether that evidence is to be believed. but, so far as the point before us is concerned, it is clear that that evidence indicates an offence under section 20 and we think that that being so, the case ought to.....
Judgment:

1. This is a Rule calling upon the Chief Presidency Magistrate to show cause why the case against the petitioner should not be committed to the Sessions, on the ground that the case falls within Section 20 of the Arms Act and chat the Magistrate has, therefore, no jurisdiction to try it himself. We have heard the learned Deputy Legal Remembrancer who has shown cause on behalf of the Crown; but we must say that we fail to understand the attitude taken up. He has read us the evidence which has been recorded in this case. So far as the offence under Section 19F is concerned, it rests mainly on the evidence of two Police Officers who are said to have found the ammunition in the possession of the petitioner. If that evidence is believed, it is abundantly clear that an offence under the first portion of Section 20 was also committed. It would be for the Court to determine whether that evidence is to be believed. But, so far as the point before us is concerned, it is clear that that evidence indicates an offence under Section 20 and we think that that being so, the case ought to be committed to the Sessions. We accordingly make the Rule absolute and direct that the Magistrate, after recording any further evidence that may be adduced, do commit the case to the Sessions.


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