KALAI HALDAR Vs. EMPEROR

JUDGEMENT

(1.) The two petitioners before us were required under Section 110 of the Code of Criminal Procedure to enter into securities for good behaviour for the term of one year, or in default to undergo imprisonment for the same period. The charge which they were called upon to meet under that section is stated in the judgment of the Deputy Magistrate, namely, that they are thieves and dacoits by habit, and that they are desperate and dangerous to the community.

(2.) We have read through the judgments of the two Courts and examined the principal evidence upon which the District Magistrate as well as the Deputy Magistrate relied. The fact, which, according to the Deputy Magistrate, shows the dangerous character of these men is that which he mentions in his judgment, namely, that a search was made in Kalai s and Ghater s house in connection with a burglary in the house of a pleader of Khulna. No specific act is mentioned in either of the judgments to show that these men, to the knowledge of any particular individual, were dangerous and desperate characters. The charge under Clause (f), Section 110 of the Code of Criminal Procedure, cannot be proved by general reputation, but by definite evidence.

(3.) Clause (f) provides: