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1950 Supreme(Mad) 196
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Panchapakesa Ayyar, XJ.
The Public Prosecutor, In re. .....In Re.
Crl.R.C. No. 695 of 1950. (Crl.R.P. No. 639 of 1950).
Decided On : 27 June 1950
Act Referred
Petition under sections 435 and 439, Criminal Procedure Code, 1898, praying that the High Court will be pleased to revise the order of detention, dated 6th May, 1950, in C.C.No.5 of 1950, Sub-Divisional Magistrate’s Court, Narasaraopet.
The Assistant Public Prosecutor (A.S. Sivakaminathan) for Petitioner.
The learned Public Prosecutor is right when he says that there is no provision to direct an order of detention in a Borstal School to run consecutively with such a previous order of detention, as in the case of a sentence of imprisonment. Besides, detention in a Borstal School is a reformatory measure, like admonition, and there is a little point in piling detention on detention any more than in giving admonition after admonition. So, the learned Magistrate’s order directing this detention to be consecutive to the previous one is set aside, and the detention directed here is allowed to be merged in the previous detention (ordered in C.C. No. 6 of 1950, Sub-Divisional Magistrate, Narasaraopet) and to run concurrently with it till that term is over.
V.S. ----------- Petition allowed.
