Vyas, J.

[1] This is an appeal by one Vithal son of Maruti who has been convicted by the learned Presidency Magistrate, nth Court, Kurla, Bombay under Section 5, Sub-section (5), read with Section 6, Sub-section (3), Bombay Beggars Act (Bom. XXIII [23] of 1945). The order passed against him is one of detention for a period of ten years in a certified institution of Male Beggars Home, Worli, and it has further been directed that a period of one year out of the above mentioned term of ten years should be converted into a term of one years rigorous imprisonment. The allegation against the appellant was that he was found bogging in a public place on 7-10-1951. The learned trial Magistrate declared him a beggar under Section 5, Sub-section (4), of the Act, and proceeded to pass the order, mentioned above, against him under Section 5, Sub-section (5), read with Section 6, Sub-section (3), of the Act.

[2] Now Mr. Parulekars first contention, in this appeal, is that the entire scheme of the Bombay Beggars Act (XXIII [23] of 1945), is ultra vires of the Constitution, as a discrimination is made therein as between beggars on the basis of place of birth. Our attention is invited by Mr.