LALIT CHANDRA CHANDA CHOWDHURY Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal from a conviction under Section 4(b) of the Explosive Substances Act (VI of 1908), which provides, that--"Any person who unlawfully and maliciously makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life, or cause serious injury to property in British India, or to enable any other person by means thereof to endanger life or cause serious injury to property in British India, shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be punished...."

(2.) The Sessions Judge of Dacca, differing from both the Assessors, has convicted the appellant, Lalit Chandra Chanda Chowdhury, and sentenced him to transportation for ten years. The two co-accused, Jyotindra Chandra Chanda Chowdhury and Harkumar Dhar, were acquitted, under Section 289(2) of the Criminal Procedure Code, there being no evidence against them.

(3.) We may observe, in passing, that the Assessors did not state their opinions orally, nor did the Sessions Judge record their opinions in the manner provided by Section 309 of the Code. The Assessors were allowed to put in written (pencilled) opinions, one of which is almost a judgment within the meaning of Section 367 of the Criminal Procedure Code. The intention of Section 309 has been defeated by the procedure adopted. Nevertheless, we must and shall consider the reasons which prevailed with the Assessors. The case for the prosecution is that at 7-30 P.M. on the evening of the 5th September 1910, a search was conducted of, the premises of the appellant, with the result that eleven bombs in a tin box, many postcards and letters, a paper of bomb formulae, a cypher code, three plans of houses, a list of 13 persons (with their dispositions in the event of a dacoity), four new torches and four swords were discovered. The two co-accused were in the basha or hut, where the principal articles, the bombs and correspondence, were found when the search commenced. The appellant was brought in under arrest during the search. The bombs were submitted to Government experts and classed as coming in the category of "fulminates." In this respect, the Assessors are in agreement with the Sessions Judge that the eleven bombs are explosives within the meaning of the Act, and we accept that conclusion. The same night, or, rather early on the morning of the 6th September 1910, a First Information was drawn up, the offence specified being that of making preparation to commit dacoity (Section 399 of the Indian Penal Code). That case came, as a complaint, on the file of the local Subdivisional Magistrate of Munshigunge, and still remains on his file. But on the 9th November 1910, the Superintendent of Police put in another complaint before the Additional District Magistrate of Dacca, together with the Government sanction, or consent, required by Section 7 of the Explosive Substances Act (VI of 1908). On this complaint and sanction the proceedings, resulting in the present appeal, were initiated, continued and concluded.