EMPEROR Vs. GULABCHAND HIRACHAND DOSHI

JUDGEMENT

(1.) This is an application in revision by one Gulabchand Hirachand Doshi who was convicted on April 11, 1932, by the First Class City Magistrate of Sholapur for disobeying an order made under Section 4 of the Emergency Powers Ordinance, the conviction being under Section 21 of that Ordinance. He was sentenced to eighteen months rigorous imprisonment and to pay a fine of Rs. 20,000. On appeal, the Additional Sessions Judge of Sholapur reduced the fine to Rs. 12,000, but otherwise dismissed the appeal.

(2.) The accused was arrested under an order of the District Magistrate of Sholapur on January 6, 1932, and was sent to Bijapur jail. On February 25, an order was made, to the terms of which I will refer more particularly presently, but the general effect of the order, so far as is material, was that the accused should, within eighteen hours from leaving custody, report himself to the Police Sub-Inspector at Karmala, and thereafter should not leave the limits of Karmala, and that he should not, without the permission of the District Magistrate, enter the area comprised in Sholapur taluka excepting railway limits. That order was not served on the accused until March 3, but apparently its effect was communicated to him, and on February 28, he wrote to the Superintendent of the Bijapur jail stating that he desired to go to Bombay to see his daughter who was ill, and requesting the Superintendent to ask the District Magistrate of Sholapur to modify the conditions in the order so as to enable the accused to go to Bombay. That request of the accused was refused by the District Magistrate on March 3 (See Ex. 12). The accused was informed that the District Magistrate was not able to give the permission asked for, and that the matter had been referred to higher authority for orders, and that pending receipt of such orders, the District Magistrate's order under Section 4 of the Ordinance remained in force. It appears, however, that Government did in fact allow the accused to go to Bombay on his release from jail. He was released at 2 p. m. on March 3, he went to Bombay and stayed there for a week from the 4th, and the learned Public Prosecutor of Sholapur in this case on April 7 put in a purshis that the stay of accused from 4 to 11 at Bombay was condoned by Government, and as such it became legal, and therefore the Prosecution did not wish to make any point out of it in this case. So that, although we have not got any order in writing from Government, the accused was allowed to stay in Bombay until March 11. On March 10, the accused wrote to the District Magistrate of Sholapur a letter, which is Ex. 10, in which he says:- The week expires tomorrow and therefore I am leaving Bombay tomorrow night by Madras Mail.

(3.) Then he says:- I cannot go to Karmala as I am not acquainted with the place not having been there up till now. I am therefore coming direct to Sholapur and hereby beg to inform you of the same us per assurance given by me. I expect to present myself before the City Magistrate of Sholapur at about 12 noon on Saturday.