EMPEROR Vs. AMJEEVANJI

JUDGEMENT

(1.) This is an application by the petitioner, A.M. Jeewanjee, for a revision of the judgment of the Chief Presidency Magistrate, convicting him of the offence under Sub-section 1 of Section 107 of the Indian Emigration Act of 1883, as amended by Act No. X of 1902. Under that provision, "whoever without having first obtained the permission of the Local Government referred to in Section 107, Sub-section 1, enters or attempts to enter into an agreement purporting to bind any Native of India to depart by sea out of India for any of the purposes specified in the Sub-section ... shall, on conviction by a Magistrate of the First Class, be punishable with fine which may extend to Rs. 250 for each Native of India in respect of whom the offence is committed."

(2.) The learned Chief Presidency Magistrate has held that the petitioner Jeewanjee entered into such an agreement (which i Ex. T in the case) with one Shaik Ismail Shaik Jamal, on the 23 of January 1907, without having first obtained the permission.

(3.) The conviction is assailed before us on several grounds, some of law and others of fact.