EMPEROR Vs. ISHVARLAL CHHAGANLAL

JUDGEMENT

(1.) THIS is an application by Government to enhance the sentence passed upon the accused.

(2.) ON August 14, 1940, the Commissioner of Police made an order for externment of the accused under Section 27(2A) of the City of Bombay Police Act. The order was duly served on the accused, and on August 16, he was given a ticket for the place to which he was going and was seen out of Bombay. But on September 23 he was found to have returned to Bombay and was accordingly arrested and put up before the learned Magistrate, Fourth Court, on a charge under Section 128 of the City of Bombay Police Act, 1902. That section provides that- Whoever, within two years from the date of his removal under the provisions of Section 27 ... enters the City of Bombay, without the permission in writing of the Commissioner of Police, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

(3.) THE third factor is. the age of the accused, but that is only relevant where the accused is very young or very old, and in this case he is aged thirty.