JUDGMENT

Geore Knox, J. - Mahabir Singh has been convicted of an offence u/s 342 of the Indian Penal Code and u/s 164 of Act VI of 1901. No attempt was made on his behalf so far as the offence u/s 342 is concerned. The whole effort made by the learned Counsel who appeared on his behalf was to show that the conviction u/s 164 of Act VI of 1901 was illegal. It was contended (1) that Mahabir Singh had committed no act which would bring him u/s 164 of Act VI of 1901,(2) that separate convictions u/s 342 and u/s 164 of Act VI 1901 for the same offence were contrary to law.

2. Mahabir Singh is in no way licensed under Act VI of 1901; he is a person entirely outside the Act so far as any license or authority is concerned.

3. The idea set out is that if he committed any act at all it. was the act of financing Ram Lakhan or other licensed recruiters. Under the Act such financing is not forbidden by law and no conviction can lie for it. It has, however, been found on the evidence that Mahabir has taken such active part in collecting persons for emigration as even a licensed recruiter could not do, that he has kept a block of houses for the purpose of putting in persons for recruiting and that h