- (1.) In this rule the petitioner has challenged his conviction & sentence Under Section I7(l), Criminal Law Amendment Act, 1908, & S. 11 (3), West Bengal Security Act, 1950,
(2.) The petitioner was originally charged also Under Section 143, Penal Code, & Section 17 (2), Criminal Law Amendment Act. Under Section 17 (2), Cr. L. A. Act the petnr. was acquitted but Under Section 143, Penal Code, he was convicted by the trying Mag. The trying Mag. sentenced the petnr. to six months R. I. on each of the counts Under Section 17 (1), Cr.L.A. Act, Section 143, Penal Code, & Section 11 (3), W. B. S. A. the sentences being ordered to run consecutively. On appeal however, the petnr. was acquitted so far as the alleged offence Section 143, Penal Code, was concerned & the sentence Under Section 17 (l), Cr. L. A. Act was also reduced to two months R. I. There remains now this conviction & sentence Under Section 17 (l), Criminal Law Amendment Act, 1908 & Section 11 (3), West Bengal Security Act, 1950, as passed in appeal by the Addl. Ses. J. & it is against this conviction & sentence that the present Rule is directed.
(3.) The relevant charges against the petitioner so far as the present Rule is concerned were in these terms : "(1) That you, on or about 12/6/1949 at Dhumabhita in P.S. Gajole being a member of the Communist Party which had been declared by the West Bengal Government as unlawful took part in a meeting of such unlawful assocn. & thereby committed an offence punishable Under Section 17 (1).... Criminal Law Amendment Act, 1908... . . " & (2) "That you, on or about 12 6-1949 at Dhumabhita in Parail village P.S. Gajole have done a subversive act by endangering the safety & stability of the Province & thereby committed an offence punishable Under Section 11 (3), West Bengal Security Act 1950.";