Court : Kolkata
Reported in : 120Ind.Cas.250
..... , indian penal code. the learned magistrate acquitted him of the said offences but convicted him under section 54-a. of the calcutta police act iv (b. c.) of 1866 and sentenced him to undergo rigorous imprisonment for 3 months. he has also made an order that a fixed deposit receipt and ..... the terms of the contract under which the deposit was made. these cannot be matters to be considered under section 54-a of the calcutta police act in determining the meaning of possession. substantially the same considerations apply to the money represented by the cash postal certificate.27. without attempting ..... or post office.21. as regards the second contention that the conviction is illegal because no charge was framed under section 54-a of the calcutta police act it may be observed that the offence being summarily triable the framing of a formal charge was not necessary (vide, section 242, criminal procedure code). ..... conviction has been assailed mainly on two grounds:1. firstly, that the elements necessary to constitute an offence under section 54-a of the calcutta police act were not made out against the accused, and that that section has no application in a case like the present, and,2. secondly, ..... the 6th february 1928, 'the eventful day' was highly suspicious, the learned magistrate proceeded to convict the petitioner under section 54-a of the calcutta police act and sentenced him and made the order of disposal in complainant's favour as above mentioned.6. for one thing, the judgment of the .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1926Cal586,94Ind.Cas.266
..... an investigation in the terms stated in the section. but the real point that we have got to decide is based on a consideration of the powers of the calcutta police under the calcutta police act. the facts being as i have stated they clearly show that section 162, cr. p.c., does not directly apply, for the investigation that was directed was carried on ..... by the calcutta police under the provisions of the calcutta police act, and it appears that what happened was that after the chief presidency magistrate made his order the petitioner's son having been already arrested the ..... the statement which he took from the petitioner is under the circumstances admissible in evidence.2. it is suggested by the advocate-general that the calcutta police act does not contain all the powers vested in the calcutta police and then there are in existence certain circular orders which give or may give wider powers in this matter than are contained in section 78-a ..... bench of this court, as an authority for the proposition that there are certain powers inherent in the police which are not expressly set out in the four corners of the calcutta police act; for instance, it is said that there is no provision in the calcutta police act providing for the taking of confessions; and yet according to the decision of the full bench the confession .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1929Cal644,122Ind.Cas.218
ordermukerji, j.1. the petitioner puran mull biwani has been convicted under section 44,. act 4 of 1866, and sentenced to pay a fine. the offence complained of against him was under the first part of section 44, viz., that he being the owner or occupier of a ..... in the room in which the petitioner's name appeared in print on the pages in the absence of any evidence as to the contents of the notebook (for the police officer says that he could not read the hindi writing in it and did not have it translated) is very poor evidence to establish that the notebook was an 'instrument ..... the prosecution.3. a still greater difficulty in upholding the conviction arises when the definition of 'common gaming house'' is considered. the definition as given in section 3 of the act plainly shows that the room must be one in which instruments of gaming are kept or used for the profit or gain of the person owning or keeping the room .....Tag this Judgment!
Court : Kolkata
Reported in : 43Ind.Cas.614
..... that it was doubtful whether the facts which could be proved would constitute theft or receiving stolen property or an offence under section 54a of the calcutta police act. if that be so, the case clearly falls within illustration (a) of section 236 and the illustration attached to section 237. reference was made ..... he was again arrested, the jute being again seined, in order that the present proceedings might be taken against him under section 54 a of the calcutta police act. that section runs as follows. 'whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there ..... magistrate to show cause why certain proceedings taken against the petitioner under section 54a of the calcutta police act should not be quashed. the petitioner is a dealer in jute carrying on business at 115, beniatola street, calcutta. it appears that he was found in possession of certain bales and half bales of jute ..... the matter no further and need not be more particularly referred to. it is non disputed that the present proceedings relate to the same act or series of acts which were the subject of the previous trial. mr. orr, who has appeared for the crown, does not deny that all the evidence ..... is reason to believe to have been stolen or fraudulently obtained shall, if he fails to account for such possession or act to the satisfaction of the magistrate, be liable to fine, etc., etc. etc.,' the point taken before us on the petitioner's behalf is .....Tag this Judgment!
Court : Kolkata
Reported in : 47Ind.Cas.657
1. the petitioner has been convicted under section 54(a) of the calcutta police act, which provides that a person in possession of anything which there is reason to believe to have been stolen or fraudulently obtained shall be liable to punishment, if he fails ..... the accused was asked to produce the key of the box in which these articles were but he did not, and the box had to be broken open by the police officer; and thirdly, that the accused failed to account for the bar.'2. as regards the first of these reasons, the accused was acquitted of the charge referred to and .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1927Cal801
..... is the informant who deposes to have visited the accused's den and played there with dice. this evidence is not sufficient to establish what according to section 3, calcutta police act (4 of 1866), must be found to constitute a common gaming-house, a 'common gaming house' is defined to mean any house...in which cards etc. are kept for the gain or ..... 1. in this case the accused has been convicted under section 44 calcutta police act, for owning and keeping a common gaming, house, and fined rs. 50 each. this rule has been issued on the first four grounds mentioned in the petition of which two ..... are of much importance. the first is that the search warrant purported to have been issued under section 46 of the act is defective and therefore no presumption should have been raised by the magistrate under section 47 of the act. the second is that the learned magistrate should not have used the admission made by the accused's brother in another .....Tag this Judgment!
Court : Kolkata
Reported in : 1979CriLJ539
..... jan. 25, 1978 passed by the learned judicial magistrate, 5th court, sealdah discharging the accused-opposite party, jogindar mallick, from a prosecution under section 33a of the calcutta suburban police act, 1866 (hereinafter referred to as the act).2. it has been alleged that the accused was found in possession of six bundles of human bones at nilratan sar-kar hospital on july 7, 1974 ..... and as he failed to account for such possession, he was arrested by a police officer of the entally police station. he was produced before the learned police magistrate, sealdah on ..... fine which may extend to one hundred rupees, or to imprisonment, with or without hard labour, for a term which may extend to three months. section 43(1) of the act empowers any police officer to arrest without warrant any person committing in his presence in any street or public place any offence punishable under any section of the ..... that the bundles of human bones were stolen. the arrest of the accused, therefore, was not under section 43(1) of the act for an offence under section 33a of the act. section 41(d) of the code empowers a police officer to arrest any person, without a warrant and without any order from a magistrate in whose possession anything is found which .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1968Raj70; 1968CriLJ385
..... its rightful claimant gets it. 6. many states in india have their own police acts and in most of them the definition of 'property' is the same as in the central act. however, section 100 of the calcutta police act of 1866 which is analogous to section 25 of the act authorises the police to take charge of unclaimed moveable property. 7. similarly various states including ..... the state of rajasthan have made rules in exercise of the powers conferred by sections 45 and 46 of the police act 1861 and they contain ..... take his orders for disposal thereof. that is to say the initiative is to be ordinarily with the police. 'property' is defined in section 1 as including any moveable property, money or valuable security and clearly the provisions of section 25, police act, would not apply to immoveable property.' 9. i have, therefore, no hesitation in coming to the conclusion ..... was murdered as also the moveable property then found in the house purporting to act under section 25 of the police act, 1861, (hereinafter called the act). an inventory of the said property was furnished to the additional district magistrate, jaipur who directed the property to remain in police custody. thereafter the petitioner from jail submitted an application on 3rd december, 1964, .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1930Cal369
..... mukerji, j.1. of the several grounds upon which the conviction of the petitioners which is under section 45, calcutta police act, (4 b.c. of 1866) in this case has been assailed, none is of any substance except one which in my judgment goes to the very root of the matter and is positively fatal.2. ..... bentinck street. this is not a technical defect but a matter of substance, the law attaching serious consequences and importance to the discretion that a magistrate or the commissioner of police exercises in the matter of issuing a search warrant under this section. the result is that what would hold good in respect of premises no. 71/4 cannot hold good ..... upon which the learned magistrate has relied, the evidence aliundi does not satisfy the requirements of the definition of a common gaming house as given in section 3 of the act.5. the result is that the convictions of the petitioners must fail. the rule is made absolute. the petitioner's convictions and sentences are set aside. the fines, if paid ..... in dealing with the question which is the primary question in the case, namely, whether the place can be called a 'common gaming house' has observed:section 47 of the act lays down that if gaming instruments are found in a house, the presumption is that it is a common gaming house.3. this proposition is entirely correct provide i the .....Tag this Judgment!
Court : Kolkata
Reported in : 18Ind.Cas.685
..... within the scope of clause (4) of section 62 a. of the calcutta police act (act iv b.c. of 1866) and clause (4) of section 39a of the calcutta suburban police act (act ii b.c. of 1866). the two sections are in identical terms and were inserted in the acts referred to by the calcutta and suburban police (amendment) act (act iii b.c. of 1910).2. clause (4) runs as follows: 'the ..... commissioner of police may also, by order in writing, prohibit any procession of public assembly whenever and for ..... or may have any concern whatsoever on the 7th august 1912, within the town and suburbs of calcutta, the commissioner of police, in pursuance of the provisions of section 62a clause (4) of act iv of 1866 b.c. and section 39a clause (4) of act ii of 1866 b.c. as modified up to the 1st june 1910, hereby prohibits you, the said leakat husain ..... , from having any concern whatsoever with any procession or any public assembly on the 7th day of august 1912, within the limits of the town and suburbs of calcutta.4. on the same day, i.e., 4th august 1912, the commissioner of police .....Tag this Judgment!