ITWARI Vs. REX

JUDGEMENT

(1.) This is an application in revision which raises the questions of the validity of Section 10 and of the effect of Section 18, U.P. Communal Disturbances Prevention Ordinance, 1947, (U.P. Ordinance No. 3 of 1947).

(2.) The applicant pleaded guilty of being in possession of a sword for which he possessed no licence; and, as the offence was committed in an area which had been declared under the Ordinance in question to be a communally disturbed area, he was convicted by a Magistrate of the first class of an offence punishable under Section 19(f), Arms Act, and Section 10 of the Ordinance, and under the latter section sentenced to imprisonment for the term of three years. In imposing a sentence for a term exceeding that which he was empowered to pass under Section 82, Criminal P.C., the learned Magistrate acted in exercise of powers he believed to have been conferred upon him by Section 18 of the Ordinance. An appeal to the learned Sessions Judge of Agra was dismissed.

(3.) Now Section 10 of the Ordinance is in these terms: 10. If, after any area has been declared as a communally disturbed area any unlicensed arms are found in the custody of, or in the premises occupied by, any person in such area, he shall, notwithstanding anything contained in the Arms Act, 1878, be punished with imprisonment for a term of not less than three years and not more than five years and also with tine in the discretion of the Court. Section 18 provides that 18. Notwithstanding anything contained in the Criminal P. C., 1898, a Magistrate of First Class shall be deemed to have been invested with powers to try as a Magistrate all offences under this Ordinance or any offence committed in connection with or in the course of or due to any communal disturbance, except those punishable with death, and to impose a sentence of fine even exceeding one thousand rupees.