Court : Kolkata
Reported in : AIR1934Cal114,147Ind.Cas.1172
..... murshidabad of the same date shows clearly that the government consented to a prosecution under section 4, explosives act, read with section 120-b, i. p.c, and section 436 read with section 120-b, i. pc, and for 'such other offence of offences as may be disclosed in the evidence.' in our opinion, therefore, the learned ..... penal code and consequently the special judge had no jurisdiction to try them. it is true that in the order, dated 27th may 1932, only section 4 explosives act, read with section 120-b, i. pc, and section 436 read with section 120-b, i. pc, are explicitly mentioned. but the letter from the deputy secretary to the government of bengal to the district magistrate of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal551
..... the powers of a special magistrate, under section 29 of that ordinance. the magistrate-convicted the petitioner under section 5, explosive substances act, and sentenced him to undergo rigorous imprisonment for three years. on 30th may 1932, the sessions judge set aside the conviction and sentence and directed the retrial of the ..... a search held on 23rd august 1931, in the course of which various explosive substances were discovered. on 4th january 1932, the local government by an order in writing made under section 30, bengal emergency powers ordinance 1931, directed that he should be tried on charges under the explosive substances act 1908, by maulvi abdul majid, a magistrate of the first class invested with .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal594
..... stolen; he held that they were all engaged in possessing and preparing dangerous explosive substances contrary to the provisions of section 5, explosive substances act, and they all entered into a conspiracy to offend against section 411, i.p. c, arms act, and the explosive substances act. at the hearing of these appeals, mr. talukdar, who appears for accused ..... magistrate under ordinance 11 of 1931 in the district of mymensingh. they were charged with various offences under section 411, i.p.c., under sections 19(f) and 20, arms act, and under section 5, explosive substances act, and there was also a charge of conspiracy against them all having reference to the offences indicated by ..... do not understand how a person can be convicted both under sections 20 and 19(f), arms act, in respect of the same revolver. so, separate convictions under section 19(f) may be eliminated. he has been given five years under section 5, explosive substances act, and he has been given seven years on the conspiracy .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1931Cal696
..... and ammunition, and to kill europeans and police officers; in other words, it was a charge of conspiracy which embraced offences under the explosive substances act, the arms act and the indian penal code, section 302. the time during which the conspiracy wag alleged in the charge to have subsisted was between december 1929 and october 1930.2. i ..... the evidence of either of the approvers that the conviction of narain must be sustained both upon the conspiracy charge and also upon the substantive charge under section 4 (b), explosive substances act.10. the next matter to which i shall refer is the case as it stands against the accused bhupal. he, too, is a doctor. as ..... complicity in the crime. both rohini and surendra must be convicted of the conspiracy charge and also they have no defence to the substantive charge under section 4 (b), .explosive substances act.13. so far it will be observed that the convictions depend in no way, in my judgment, upon the evidence of either of the approvers .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal747
..... sub-inspector of sibpur police station, fanindra mohan das gupta. naba has been found guilty of throwing the bomb and convicted upon charges laid under sections 3 and 4(b), explosive substances act (6 of 1908). bhabananda has been found guilty of supplying arsenic and certain shots as materials for the making of a bomb and has been ..... and thus of a heinous offence against the ordinary law. but he contends that under c1. (b), section 4, explosive substances act, 6 of 1908, the offence is:makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property in british india, etc ..... convicted under section 6 of the same act. both have been convicted of conspiracy to commit an offence under section 4(b), viz., to make and possess explosive substances with intent to endanger life or cause serious injury to property. each has been sentenced .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1929Cal14
..... inadmissible and satish has been acquitted on these charges. but gour pleaded not guilty to the charges of conspiracy to commit offences under section 4-b and section 5, explosive substances act, and section 19-f, arms act, and on this charge he was being tried jointly with satish. as it was the same offence the confession of satish was ..... two persons were put upon their trial as stated above. gour chandra pleaded not guilty to a conspiracy to commit offences punishable under section 4-b, section 5, explosive substances act and under section 19-f, arms act, and pleaded guilty to the other charges. satish pleaded not guilty to all the charges.3. the main evidence which may be ..... there was an agreement between these two persons to keep the bombs, pistol and gun cotton and to keep them for the purposes described in sub-section 4 (b), explosive substances act, namely, with intent either themselves to endanger or to enable other persons by means of them to endanger life. i am therefore of opinion .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal721
..... .4. there is no much difference between consent and sanction, the absence of either of them being a bar to the initiation of prosecutions under the acts. section 7, explosive substances act, provides that consent to the prosecution should be obtained before the court proceeds with the trial of the accused. the idea underlying ..... a cognizable offence is the institution of criminal proceedings within the meaning of section 211, i.p.c.3. in a sister piece of legislation, that is, the explosive substanee3 act, a similar sanction is provided for by section 7 of act 6 of 1908. section 7 of that act runs as follows:no court shall proceed to the trial of any person ..... for an offence against this act except with the consent o the local government or governor-general in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1928Cal27
..... practice. he may even have attempted to shield his friends from suspicion. but to convict him of possessing, manufacturing or conspiring to possess explosive articles within section 5, explosives act, something more need be proved than his occasional visits to the house or his statement about the inmates of the house to satis, ..... search. i am not convinced that temporary residence in a house containing explosive articles, even with the knowledge of their existence there, is possession, within the meaning of section 5, explosives act. conspiracy to possess, i take it, connotes some act of possession or attempted possession. on all these grounds i hold that ..... is, therefore, reduced to that imposed upon those three persons, namely rigorous imprisonment for five years under section 4(b), explosive substances act, and rigorous imprisonment for two years under section 19(f), arms act, the sentences to run concurrently. considering the nature of the conspiracy, the sentence passed on the other .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal149
..... court or other high authority (e.g., cases of perjury, sedition, offences under the arms and explosives act and the like) that the sanction of a court or other authority is necessary before a case can be instituted. here section 72 (2) of the provincial insolvency act only lays down the procedure which the court may adopt when it determines to prosecute for an ..... is in the words:no court shall take cognizance of an offence unless with the previous sanction or on the complaint; ofand section 7 of the explosive substance act.no court shall proceed to the trial of any person...under this act except with the consent of the local government or the governor-general in council.15. as to the question of joint trial .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal265
..... amrita lal hazra v. king-emperor [1915] 42 cal. 957, where the accused was charged with conspiracy to possess explosive substances under section 120b i.p.c., and section 4 of the explosive substances act (6 of 1908). it was there, as here, argued that the explosive substances not being in existence, the charge was bad. their lordships after an exhaustive consideration of the authorities observed ..... that where the illegal act charged under section 120b is the unlawful and malicious possession of explosive substances, it is not essential to specify in the charge the explosive substance which the accused have conspired, to have in their possession or under their control; and that a person .....
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