STATE OF KARNATAKA Vs. GANGIAH

JUDGEMENT

(1.) This petition is directed against the order of discharge dated 27-6-1977 passed by the Munsiff and Judicial Magistrate First Class, Kunigal in C. C. No. 79 of 1976 discharging the respondent-accused (who has remained absent though served with the notice of this Revision Petition) of the offence under Section 16 read with Section 18 of the Bonded Labour System (Abolition) Ordinance, 1975.

(2.) The Kunigal Police filed a charge sheet against the respondent on 2-2-1976 alleging that the respondent had committed an offence under Section 16 read with Section 18 of the Bonded Labour System (Abolition) Ordinance, 1975.

(3.) It is proper to narrate here itself that though the said Ordinance was promulgated on 25-10-1975, the same was passed into an Act by 9-2-1976 as Act No. 19 of 1976. Sub-section (3) of Section 1 of the Act called as the Bonded Labour System (Abolition) Act, 1976 provides that the Act shall be deemed to have come into force on 25-10-1975 itself, i.e. the date on which the Ordinance had come into force. Therefore, it would have been proper on the part of the police to have mentioned in the relevant columns of the charge sheet not the Ordinance but the provisions of the Act, which are the same.