The Empress vs Baidanath Das on 18 February, 1878

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Calcutta High Court
The Empress vs Baidanath Das on 18 February, 1878
Author: R Garth
Bench: R Garth, Kemp, L Jackson, Markby, Ainslie


Richard Garth, C.J.

1. We are clearly of opinion, that an offence under Section 49, Act XXI of 1856, can be tried summarily by a Magistrate under Section 222 of the Criminal Procedure Code.

2. The confiscation, which is provided for by Section 49, is merely a consequence of the conviction, and does not form part of the punishment for the offence. We observe that, in the case of Khetter Mohun Chowrunghee 22 W.R. Cr. Rul. 43, to which we are referred, the question which we are called upon to decide was given up by the Government Pleader without argument; and that in the second case the learned Judges merely followed the ruling in the first, so that this would appear to be the first occasion on which the point has been seriously considered.

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