Privy Council Court May 1949 Judgments

Yusofalli Mulla Noorbhoy Vs. the King

Court: Privy Council

Sir John Beaumont: This is an appeal by special leave against two judgments of the High Court of Judicature at Bombay, dated 17th June 1947, setting aside two orders of the Court of the Presidency Magistrate, 6th Additional Court, dated 16th September 1946, whereby two prosecutions of the appellant for the offences of hoarding and profiteering under the Hoarding and Profiteering Prevention Ordinance 1943 (Ordinance No. XXXV [35] of 1943) (hereinafter called "the Ordinance") were held to be barred by reason of the provisions of S. 403, Criminal P. C., since in the view of the learned Magistrate the accused had been previously tried and acquitted on exactly similar charges and facts by a Court of competent jurisdiction. The real question before the Board is whether in the circumstances of the case the plea autre fois acquit was open to the appellant, and that question in essence depends upon whether the earlier prosecution was before a Court of competent jurisdiction. [2] The appellant ...