High Courts(1923) 03 MAD CK 0010

Allaga Pillai vs Emperor

Madras High Court · Decided on 22 March 1923 · Citation: AIR 1924 Mad 256

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Judgment

8 paragraphs · 159 words
1.

The only point raised in this Criminal Revision Case is, that the Magistrate who tried the case, the Second Class Magistrate of Thirumangalam,

had not been empowered to try cases under the Opium Act, I of 1878, as required by Section 3 of the Act. We are referred to a Notification of

Government published in the Fort St. George Gazette under date 4th June 1915 which empowers the Second Class Magistrates mentioned therein

by virtue of their office to try cases under the Opium Act. The Second Class Magistrate of Thirumangalam is mentioned in the list appended to the

Notification. We entertain not doubt whatever that this is a ''special empowering'' of the person holding that office in virtue of his office within the

meaning of Section 39 of the Criminal Procedure Code and would satisfy the requirements referred to by the learned Judges in Mahomed Ksim v.

Emperor [1915] 2 L.W. 233.

2.

The petition is dismissed.