BHIMRAJ BANIA Vs. KING-EMPEROR

JUDGEMENT

(1.) This rule was issued on the 11 October last at the instance of Bhimraj Bania calling on the Secretary to the Government of Bengal to show cause why a warrant issued on the 18th September, 1923, by one of the Secretaries to the Government of Bengal under the provisions of Bengal Act I of 1923, (The Goondas Act 1923) for the apprehension of Bhimraj should not be declared illegal and void and why the proceedings there under should not be quashed. The petition upon which the rule was issued was headed in the matter of an application under Secs.435 and 439 of the Criminal P. C. and Clause 28 of the Letters Patent. Under the provisions of the Goondas Act, 1923, Section 3, whenever it shall appear to the Commissioner of Police that any person is a goonda or a member of: a gang or body of goondas and is residing within or habitually visiting or frequenting Calcutta and that such person or that such gang or body is committing or has committed or is about to commit or is assisting or abetting the commission of a non-bailable offence against person or property or the offence of criminal intimidation or an offence involving a breach of the peace so as to be a danger to or cause or to be likely to cause alarm to the inhabitants or to any section of the inhabitants of Calcutta the Commissioner of Police shall make a report to the Local Government with a recommendation that such person or gang or body of persons be dealt with under the provisions of the Act. Section 4(1) provides that on receipt of the report referred to in Section 3, the Local Government may make an order for the issue of a warrant for the arrest of the person against whom the report has been made. Sub-section 2 of Section 4 provides far the form of the warrant and that it should be issued by a Secretary to the Local Government and that it should contain a statement of the heads of the charges made against such person in the report.

(2.) The sub-section further provides that the warrant shall further require the person named therein to submit by petition to the advising Judges appointed under Sub-section (1) of Section 5 any representation that he may desire to make by such date as may be specified in the warrant.

(3.) The portion of the warrant containing the heads of charges in accordance with the provisions of Sub-section 2 of Section 4 is as follows: The heads of charges made against the said Bhimraj Bania are that he is a goonda and a member of a gang of goondas which has committed or abetted and is about to commit or abet the commission of (i) non-bailable offences against property or persons and (ii) offences o? criminal intimidation and that he is a source of danger to the inhabitants of Calcutta.