Court : Allahabad
Reported in : AIR1943All277
..... man and is not previous convict for any political activity' and that 'the applicant is being wrongfully detained under pretext of sections 4 and 5, explosive substances act, or defence of india rules, section 129.'2. two counter-affidavits were filed by raza ahmad rizvi, circle inspector, and it appears from those affidavits that revolutionary ..... introducing others at kaimganj to jogesh chatterji.'3. the counter-affidavits further disclose the fact that, even though harish chandra was at first arrested under the explosive substances act, he is since 17th february 1943, under detention in pursuance of an order passed by the commissioner of allahabad division under rule 26, defence of ..... commissioner under rule 26 and enquire into the grounds which led the commissioner to pass that order. it must, in view of the provisions of section 16, defence of india act, hold that that order is a valid order, and as such, the applicant is lawfully and properly detained. i would, therefore, dismiss this .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... , 457, 458, 469{?),460,504,505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under ..... , 457, 458, 459, 460, 504, 505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All94
..... and were tried by the special judge in accordance with the provisions of ordinance 2 of 1942, and, as already stated, were convicted under sections 3 and 4 (b), explosive substances act.4. the appellants pleaded not guilty and denied that they had planted the bomb in the kothi of piyare lal. while admitting that they ..... 2 collected by ganga sahai at the place where the bomb exploded.5. the learned judge accordingly found the appellants guilty under section 4(b), explosive substances act.6. as regards the charge under section 3, the ease for the prosecution was that, close to the place where the bomb had exploded, ganga sahai found two letters ..... set aside the conviction of and the sentence passed on the appellants under section 3, explosive substances act. i however maintain their conviction under section 4(b) of the said act and to that extent dismiss this appeal. a certificate under section 205, government of india act, limited to the question about the validity of ordinance 19 of 1943 will .....
Tag this Judgment!Court : Chennai
Reported in : (1943)2MLJ634
..... ? we think that it is.15. the only case which remains to be considered is that of the thirteenth accused, who has been sentenced under section 5 of the explosive substances act, 1908. in a statement made under section 162, criminal procedure code, the thirteenth accused said that after the occurrence he met the twelfth accused at the air raid precaution post in south veli street ..... each of these charges to undergo five years' rigorous imprisonment. the ninth and sixteenth accused were also convicted under these sections and under section 5 of the explosive substances act. their sentences were the same, except that in respect of the conviction under the explosive substances act, the sentence was of three years' rigorous imprisonment. the thirteenth accused was merely found guilty of an offence under .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad302
..... that this argument must be accepted. the vital factor is that accused 1 supplied accused 2 with only one packet of gelignite i. e., with enough explosive to commit only one act of destruction, and it is very explicitly stated in accused 2's confession that when accused l and accused 2 met on 12th november they agreed ..... supply ' another pair of bullocks' which according to the prosecution case, which we accept, means some further explosive substances. the question we have to decide is whether this letter is evidence against accused 1 under the provisions of section 10, evidence act. it is argued for accused 1 that it is not, and reliance is placed for this contention upon ..... of an umbrella. some pieces of cloth were attached to the outer end of the fuse, and they were found burnt but the fuse had failed to act, and therefore no explosion had occurred. the question to be determined is how far the various appellants have been proved to have been concerned with making that attempt.2. the .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR546
..... that the various sentences passed on them should run concurrently. we set aside the conviction of accused no. 4 and the sentence passed on him under section 4(a) of the explosive substances act.28. the result is that the aggregate sentence passed on accused nos. 1, 6 and 13 comes to seven years, that on accused nos. 2 ..... bombs, and as it does not necessarily lead to the conclusion that he had a hand in the concealment of the bombs there, his conviction under section 4(a) of the explosive substances act cannot stand.23. as against accused no. 13 there is sufficient evidence to prove that he was present among the rioters and took part in it ..... be present in the morning when the riot took place. hence we confirm the conviction of all the appellants under the various sections except the conviction of accused no. 4 under section 4(a) of the explosive substances act.27. as regards the sentence the learned sessions judge! has rightly made a distinction between the different accused. the effect of .....
Tag this Judgment!Court : Mumbai
Reported in : (1944)46BOMLR555
..... of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any offence under the explosive substances act is punishable under section 6 of that act.9. the case for the prosecution is simple and clear. accused no. 2 ishwarlal placed orders with the appellant for a certain number of ..... one case the bomb exploded and caused some damage, while in the other two cases there was no explosion. the first was punishable under section 3 and the other two under section 4(a) of the explosive substances act, 1908. under section 234 (2)' offences are of the same kind when they are punishable with the same amount of ..... be guilty and ishwarlal to be not guilty. the learned judge, agreeing with them, acquitted accused no. 2 ishwarlal and convicted the appellant under section 4(b) of the explosive substances act, 1908, and sentenced him to rigorous imprisonment for two years.2. in the months of november and december, 1942, bombs were thrown in different .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom329; (1945)47BOMLR339
..... assist the enemy. 'prejudicial report' as defined in rule 34 does not include information likely to assist the enemy and there was no paragraph in section 2(2) of the act relating to possession of such reports. the learned magistrate therefore thought that rule 39(1)(b) was ultra vires and went beyond the rule-making power ..... paragraph (iv)(b), which speaks of possession without lawful authority or excuse of information likely to assist the enemy and paragraph (xxv) which deals with possession of certain explosives, vessels, apparatus etc. under paragraph (iv)(b) government has power to frame rules only with regard to the particular kind of information mentioned in that paragraph, viz ..... must be held void and inoperative and a contravention of it would not be punishable as an offence under rule 39(b).10. sub-section (1) of section 2 of the defence of india act, 1939, confers upon the central government general powers to make such rules as appear to it to be necessary or expedient for securing .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1945Bom333; (1945)47BOMLR79
..... ammunition etc., without a license is punishable under section 19(f) of the indian arms act; possession of explosives without a license is punishable under section 5 of the explosive substances act; possession of illicit liquor without a license is punishable under the bombay abkari act; under section 114, ill. (a), of the indian evidence act, 1872, possession of stolen goods soon after ..... about by the present war conditions, drastic measures were thought necessary, and the burden of proof, which could not be thrown on the accused under section 106 of the indian evidence act, has been expressly thrown upon them by sub-rule (2) of rule 39 of the defence of india rules. in some cases the accused ..... is found. but the central government having thought it necessary or expedient to make such a rule in exercise of the emergency powers under section 2 of the defence of india act, it is not within the province of the courts to consider the necessity or the expediency of the rule. it is not contended .....
Tag this Judgment!Court : Mumbai
Reported in : (1945)47BOMLR644
..... the federal court in emperor v. keshav talpade (1943) 46 bom. l.r. 22 that it is not permissible to look to the general provisions of sub-section (1) of section 2 of the act to justify rule 90(2)(e), which in terms interferes with the possession of coin, and that this rule, therefore, is ultra vires of the ..... ground that rule 90(2)(e) was ultra vires of the central government, being in excess of the rule-making power conferred upon it by section 2 of the defence of india act, 1939. rule 90(2)(e) of the defence of india rules provides that no person shall possess coin to an amount in excess of his ..... swelling the cash balance in hand. it is pointed out that in clause (xxv) of the same ; sub-section the expression used is 'prohibiting or regulating the possession, use or disposal.' but that clause deals with articles of a different kind, explosives, arms, ammunitions, vessels, wireless telegraphic apparatus, aircraft, photographic and signalling apparatus and any means of recording information. .....
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