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1896 Supreme(Mad) 34

A.J.COLLINS, BENSON
Queen-Empress – Appellant
Versus
Kalian – Respondent


JUDGMENT

1. The Stationary Sub-Magistrate of Chidambaram convicted eighteen pariahs of Puthur, who had been arrested by officers of the Salt Department on the 18th March 1895, of having escaped from lawful custody on the same day, an offence punishable under Section 224, Indian Penal Code.

2. On appeal, the Head Assistant Magistrate acquitted them on the ground that the salt officers had made the arrest unlawfully, and that escape from such custody was no offence.

3. Against this acquittal the Public Prosecutor now appeals on behalf of Government.

4. It is admitted that the Sub-Inspector of the Salt Department had no other authority to make the arrests than that given by Section 47 of the Madras Salt Act, 1889. The question is whether, under the circumstances, his action was in accordance with the provisions of that section. It empowers an officer of the Salt Department whenever he "has reason to believe that contraband salt is being...kept in any place and that the delay in obtaining a search-warrant will prevent the discovery thereof" after certain formalities to search such place, seize any contraband salt therein, and arrest any person concerned in the keeping of such salt. The Sub

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