What amounts to contravention.

This appeal raises a question of law. The respondents were convicted by the learned Judicial Magistrate, First Class, Belgaum Cantonment in Criminal Case No. 1455 of 1958 on his file, for an offence under section 135(iii) read with section 37(3) of the Bombay Police Act, 1951, which shall be hereinafter called the Act, but, they were acquitted of the offence under section 149 read with section 70 of the same Act. The State has come up in appeal against the acquittal of the respondents under section 149 of the Bombay Police Act.

The facts relevant for the purpose of deciding the point under consideration are as follows:

The District Magistrate of Belgaum issued an order under section 37 (3) of the Bombay Police Act on 30th October, 1958, prohibiting assembly or procession within the municipal limits of Belgaum, except with the permission of the Sub-Divisional Police Officer or the District Superintendent of Police, or the District Magistrate, Belgaum for about 15 days from the date of the order. The order in question was extended with the sanction of the State Government. It is alleged that the respondents and others contravened the said order on the evening of 18th December, 1958, by taking out a procession in a locality known an Ganesh Chouk at Thilakwadi. It is further alleged that, when they were about totake out a Procession P.W. 1 Madhwa, Police Sub-Inspector Belgaum, directed them not to take out the procession but they refused to comply with the direction given by him. According to the complainant the direction in question is an order falling within the scope of section 70 of the Act, the contravention of which is punishable under section 149 of the Act. Is this contention correct? To answer the same, it is necessary to consider the true scope of sections 37, 70, 135 and 149 of the Act.

Section 37 reads as follows:

"(1) The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals prohibit at any town, village or place or in the vicinity of any such town, village or place:

(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article, which is capable of being used for causing physical violence;

(b) the carrying of any corrosive substance or of explosives,

(c) the carrying, collection and preparation of stones or other missiles or instruments or means of casting or impelling missiles,

(d) the exhibition of persons or corpses or figures or effigies thereof,

(e) the public utterance of cries, singing of songs, playing of music,

(f) delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other object or thing which may in the opinion of such authority offend against decency or morality or undermine the security of or tend to overthrow the State.

(2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he shall be liable to be disarmed or the corrosive substance or explosive or missile shall be liable to be seized from him by any Police Officer and the article, corrosive substance, explosive or missile so seized shall be forfeited to the State Government.

(3) The authority empowered under sub-section (1) may also by order in writing prohibit any assembly or procession whenever and for so long as it considers such prohibition to be necessary for the preservation of the public order:

Provided that no such prohibition shall remain in force for more than fifteen days without the sanction of the State Government.

(4) The authority empowered under sub-section (1) may also by public notice temporarily reserve for any public purpose any street or public place and prohibit persons from enter