Kolkata Court October 1892 Judgments

The Queen-empress Vs. Sita Nath Mitra

Court: Kolkata

Reported in: (1893)ILR20Cal478

ORDERPigot and Hill, JJ. 1. We do not understand the Criminal Letter of the High Court, dated the 19th September 1865 (4 W.R. Cr. Let. 6) to lay down, that the liability of the immoveable property which is exacted by Section 70 of the Penal Code can be enforced by distress under the Criminal Procedure Code. That question was not before the Court when the Letter was written, so far as can be judged.2. The Letter is on a question as to the scope of the Criminal Procedure Code Act XXY of 1861), Section 6, and states that under that section only moveable property within the jurisdiction of the Magistrate is, in the life time of the offender, liable. This recognises the fact of the liability of immoveable property after the offender's death under Section 70, Penal Code, but it does not say expressly nor, we think, even by implication, how that liability is to be enforced.3. We think we are free to follow the authority of Reg. v. Lallu Karwar 5 Bom H.C. 63 so far, at any rate, as that it can...