EMPEROR Vs. CHHOTALAL BAPALAL

JUDGEMENT

(1.) THIS is an appeal by Government against the acquittal of the accused by the learned Presidency Magistrate, Fourth Court. The accused was charged under Section 128 of the City of Bombay Police Act with having disobeyed an externment order passed against him by the Commissioner of Police under Section 27(2A) of the Act. The accused admitted the making of the order, its service upon him, and his return to Bombay within the time prohibited by the order. But the learned Magistrate, quite rightly, refused to accept a plea of guilty, without considering the question whether the externment order passed by the Commissioner of Police was a valid order. He held that it was not a valid order and accordingly acquitted the accused.

(2.) SUB-section (2A) of Section 27 of the City of Bombay Police Act was added by amendment in the year 1936, and is in these terms: (2A). It shall be further competent to the Commissioner of Police to direct any person who, not having been born in the City of Bombay or the Bombay SUBurban District, has been convicted more than twice of offences punishable under Chapter XII, XVI or XVII of the Indian Penal Code, to remove himself in like manner from the City of Bombay and not to enter the said City or the Bombay SUBurban District.

(3.) AS to the first conviction the learned Magistrate came to the conclusion that a conviction of a child was not a conviction which could be taker into account under Section 21(2A). The position as to that is this:-