HARRIES, C.J. - (1.) THIS is a petition for revision of an order made by a learned Presidency Magistrate convicting the petitioner under Section 21 (4), West Bengal Security Act, 1950 and sentencing him to simple imprisonment for one month and five days.
(2.) THE petitioner was served with an externment order under Section 21 (1) (a), West Bengal Security Act, 1950 forbidding him to remain within the town of Calcutta. The order was served on him on 5th April 1950 and he was given 24 hours' time to leave the Calcutta area. According to the prosecution the petitioner was found at his residence at 5/1 Kashinath Bose Lane, Calcutta on 7th April 1950 and accordingly it was alleged that he had contravened the order externing him from the city of Calcutta. The order appears to have been signed by the Commissioner of Police and the service of the order was duly proved. The evidence that the petitioner was in Calcutta on 7th April 1950 was accepted and it has not been challenged. The petitioner filed a written statement in which he stated that he was a firm believer in Gandhian ideals and had striven for communal unity throughout his life and that it was unthinkable that he should take part in any subversive activity. He did admit that he had criticised strongly the inefficiency and corruption of the Relief and Rehabilitation Department of the Government. He further stated that the externment order was arbitrary and mala fide and that as a Satyagrahi he owed it to himself not to submit to the order. In short the petitioner admitted that he had refused to comply with the order.
(3.) THE question arises whether or not the petitioner's failure to leave Calcutta within 24 hours of the date of this order constituted an offence. The charge was that he had committed an offence under Section 21 (4), West Bengal Security Act and that Sub -section is in these terms : 'If any person contravenes any order made under this section he shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both.' ;