JAMIL AHMAD Vs. EMPEROR

JUDGEMENT

(1.) This is an application under Section 491 Criminal P.C., by one Sheikh Jamil Ahmad who has been ordered to be detained under the U.P. Maintenance of Public Order (Temporary) Act, 1947.

(2.) He was arrested on 28 September 1947. It appears he is a contractor who used to supply bamboo poles to Government for the use in tents and even now, according to his allegations, carries on that business.

(3.) After his arrest an application for bail was moved on his behalf, which was opposed by the police in their report, D/- 4-10-1947. On 6 October 1947, the Prosecuting Sub-Inspector in opposing the bail reported that the offence was a non-bailable one and that the applicant was being detained under the "Ordinance". A day later, on 7 October, the Prosecuting Inspector reported that he was detained under Section 3, Maintenance of Public Order (Temporary) Act, 1947, by the District Magistrate and that the matter could be "only dealt with by this Court under Section 491, Criminal P.C. Upon this report the District Magistrate refused the bail application.