Kolkata Court February 1879 Judgments

Sreram Chandra Lerkan Vs. BipIn Dass and ors.

Court: Kolkata

Reported in: (1879)ILR4Cal710

Mitter, J.1. We concur with the Judge that the order of the Deputy Magistrate of Ranaghat, dated the 7th September 1876, in the above-mentioned case is illegal, and must be quashed.2. One of the questions raised before the Judge was, that Beng. Act II of 1867 has not been extended to Ranaghat in accordance with the provision of Section 11 of that Act. Upon this point the Judge has expressed no opinion, and we have before us no materials from which we can say it has been extended to Ranaghat. But taking it for granted that it is applicable to Ranaghat, we still think the conviction in this case cannot stand.3. It is clear that proceedings were commenced by an act on the part of a police officer, who, under Section 5 of the Act, was not authorized to do it. The Notification referred to in the explanation of the Deputy Magistrate submitted to the Judge would make the deputation of a Sub-Inspector of Police for entering and searching an alleged gaming-house legal, but he must receive his a...