STATE Vs. BABULAL

JUDGEMENT

(1.) THIS is a reference by the Sub-Divisional Magistrate of Fatehpur under Section 432, Criminal P. C. The question raised before him was that the Police Act (5 of 1861) was not legally enforced in Rajasthan. He has, therefore, referred the question whether the Police Act (5 of 1861) is legally enforced in Rajasthan and is thus a valid piece of legislation in Rajasthan.

(2.) A preliminary objection has been taken on behalf of the State that the reference is invalid as the Sub-Divisional Magistrate has not said in so many words that his opinion is that the Act is not legally enforced and is not a valid piece of legislation so far as Rajasthan is concerned. There is no doubt that he has not said so in so many words, but a reading of his reference order shows that he was inclined that way and under these circumstances, we over-rule the preliminary objection.

(3.) THE manner in which the Police Act (5 of 1861) came to be applied to Rajasthan is this : On 24-1-1950 the Rajasthan Adaptation of Central Laws Ordinance (4 of 1950) was promulgated by His Highness the Rajpramukh. A number of Central acts were adapted to Rajasthan by virtue of Section 3 of the Ordinance read with the Schedule. The Police Act (5 of 1861) was, however, not included in the Schedule when this Ordinance was passed. Section 4 of the Ordinance gave power to the Rajpramukh by order notified in the rajasthan Gazette, to add to, amend or vary the schedule to this Ordinance. Subsections (2) and (3) of Section 4 of this Ordinance provided what would be the effect of additions, amendments and variations in the Schedule. On 26-1-1950 the constitution of India came into force in Rajasthan. On 18-7-1950, the Rajpramukh purporting to act under Section 4 of the Rajasthan adaptation of Central Laws Ordinance (4 of 1950) added the Police Act of 1861 in the Schedule to the Ordinance as No. 10a, with the notification that the second paragraph of Section 21 was omitted. The question that falls for consideration is whether by this notification the Police Act came into force from the date of tiie notification in Rajasthan.