MUNIR KHAN Vs. STATE

JUDGEMENT

(1.) Munir Khan was convicted by Sri D. D. Agarwal, Judicial Officer, Jaunpur, of an offence under Section 12, Opium Act, read with Section 5, and was sentenced to Rs. 200 fine in a summary trial. The Additional Sessions Judge, Jaunpur, has made this reference recommending the setting aside of the conviction on the ground that the learned Magistrate was not competent to try Munir Khan summarily.

(2.) It appears that Sri D. D. Agarwal was appointed a Judicial Officer at Kanpur under an order of the Government dated 5-8-1947, and that by virtue of some earlier notification, Judicial Officers were conferred with first class magisterial powers. By virtue of this appointment as judicial Officer, Sri Agarwal. could exercise only first class powers within the district of Kanpur.

(3.) In January 1948, the Government conferred on him the powers of a Magistrate, 1st class, to be exercised by him in respect of all cases arising within the railway limits of the B. B. & C. I. Rly., Fatehgarh Railway District of that Railway. The power was conferred in the exercise of the powers conferred by Sub-section (1) of Section 14, Criminal P. C. He was also invested, under Section 37, Criminal P. C., with the powers to try summarily the offences described in Section 260 of that Code.