EMPEROR Vs. CHIMANLAL JAGJIVAN

JUDGEMENT

(1.) In this case the accused was charged under Section 43 of the Bombay Abkari Act (Bom. Act V of 1878), with importing an intoxicating drug into the Presidency of Bombay. The fact proved is that the accused brought twenty tolas of bhang from Wadhwan Civil Station to Viramgam. Viramgam admittedly is British territory. It is further admitted that the importation of twenty tolas of bhang into British territory from foreign territory would be punishable under Section 43.

(2.) The only question which arises, therefore, is whether Wadhwan Civil Station is within the Presidency of Bombay or hot. The Abkari Act extends to the whole of the Presidency of Bombay (see Section I); and by the Bombay General Clauses Act (Bom. Act I of 1904) Presidency of Bombay means the territories within British India for the time being under the administration of the Governor of Bombay in Council- British India is by the same Act defined to mean all territories and places within His Majesty s Dominions which are for the time being governed by His Majesty through the Governor General of India or through any Governor or any other officer subordinate to the Governor General of India.

(3.) In the Court below the learned Magistrate has held that Wadhwan Civil Station is within the limits of British India, and for that view he has relied upon Mr. Justice Bayley s decision in Triccam Panachand v. The Bombay, Baroda and Central India Railway Company (1885) I. L. R. 9 Bom. 244. That decision is clear authority for the Magistrate s decision, and the real question now before us may be said to be whether Triccam Panachand s case was rightly decided. It was the decision of a single Judge and as such is not binding upon us. It is unnecessary, therefore, to consider the reasoning upon which that case proceeded but it is material to say with great respect, that the grounds upon which Mr. Justice Bayley based his determination do not appear to my own mind to carry conviction.