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1966 Supreme(Pat) 16

K.SAHAI, K.K.DUTTA
Jhaman Mian – Appellant
Versus
State Of Bihar – Respondent


Judgment

Sahai, J.

1. The four appellants were placed upon their trial along with one Raghunath Prasad Yadav before the Assistant Sessions Judge of Dumka in the Santal Parganas. Raghunath Prasad Yadav has been acquitted. Appellant Nazir Mian was charged for offences under the Land Customs Act, 1924 , the Sea Customs Act, 1878, and the Imports and Exports (Control) Act (XVIII of 1947). The learned Assistant Sessions Judge has held that, in view of the special procedures provided in these Acts for taking cognizance of offences under them, he had no Jurisdiction to take cognizance of those offences or to try them. He, therefore, purports to have acquitted Nazir Mian of the charges for those offences, though it seems that what he calls acquittal really amounts to discharge.

2. Out of the appellants, Jhaman Mian Nazir Mian and Gangadayal Sah are residents of Kotal Pokhar within Barharwa Police Station, and Ramkripal Bhagat is a resident of Barharwa. These places are under Pakur Sub-division within the Santal Parganas.

3. All the four appellants have been convicted under Sec.147 of the Penal Code, and each of them has been sentenced under that section to undergo rigorous imprisonment for






















































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