EMPEROR Vs. YARMAHOMED AHMEDKHAN

JUDGEMENT

(1.) This is an appeal against the conviction of the appellant under Section 128 of the City of Bombay Police Act, 1902, by the Chief Presidency Magistrate, who imposed a fine of Rs. 201. Section 128 of the City of Bombay Police Act provides :-

(2.) The appellant admits that on November 2, 1936, an order was made by the Commissioner of Police purporting to act under Section 27 of the City of Bombay Police Act, under which the appellant was removed from Bombay. He further admits that he returned to Bombay within two years from the date of such removal; but he contends that the order which the Commissioner of Police purported to pass under Section 27 of the Act was not justified by the terms of that section, that the appellant's removal was not, therefore, under the provisions of Section 27, and that he is not liable to punishment under Section 128.

(3.) Section 27(7) of the City of Bombay Police Act is in these terms : -