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Calcutta High Court
The Empress vs Shasti Churn Napit on 28 February, 1882
Equivalent citations: (1882) ILR 8 Cal 331
Author: Mitter
Bench: Mitter, Maclean


Mitter, J.

1. The conviction seems to be illegal. Assuming that Shasti Napit was legally arrested under Section 94 of the Criminal Procedure Code, he was not lawfully detained in custody for any offence, and could not therefore be punished under Section 224 of the Penal Code; nor could he have been punished under Section 225A, as he had not failed to furnish security for good behaviour.

2. The conviction must be set aside and She warrant for his imprisonment cancelled.

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