BALKRISHNA ANANT HIRLELCAR Vs. EMPEROR

JUDGEMENT

(1.) In this case 11 accused were convicted Under Section 17(1), Criminal Law Amendment Act 14 of 1908, with being members of an unlawful association. Counsel for the accused in this application for revision takes three points. The first is that the evidence as to the accused being members of an unlawful association was wrongly admitted. The second point is that the accused had 310 knowledge that the association was an unlawful one, and the third point is that the Magistrate did not comply with the provisions of Section 342, Criminal P.C., in that he took a joint statement from all the accused and did not examine them separately.

(2.) With regard to the first point, I am satisfied that there is nothing in that. I think the police evidence was rightly admitted and that the accused were members of the alleged unlawful association.

(3.) The second point involves a consideration of the terms of the Criminal Law Amendment Act of 1908. Section 16 of that Act provides: If the Local Government is of opinion that any association interferes or has for its object interference with the administration of the law or with the maintenance of law and order, or that it constitutes a danger to the public peace, the Local Government may, by notification in the official Gazette, declare such association to be unlawful, and then Section 17 provides: (1) Whoever is a member of an unlawful association, or takes part in meetings of any such association, or contributes or receives or solicits any contribution for the purpose of any such association, &c. shall be punished as therein provided.