9911796707
TMI Blog1972 (5) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... order to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order. On June 13, 1971, the petitioner was accordingly arrested and detained in Dum Dum Central Jail. The grounds of detention served on the petitioner at the time of his arrest read as follows : (1) On 17-8-70 at about 02.00 hours, you and your associates Bhaja alias Tarapada Ghosh, Bablu, Kartic and others attacked the members of R.G. Party who were on duty near Jatadhari Park by hurling bombs towards them. When chased by them, you and your associates again hurled bombs towards them and managed to escape and thereby disturbed public order. (2) On 10-4-71 at about 16.00 hours, you and your associates being 'armed with sword assau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to seven years or more or any offence under the Arms Act, 1959 or the Explosive Substances Act, 1908, where the commission of such offence disturbed, or is likely to disturb, public order. It is not disputed that the petitioner's alleged activities set out in grounds ( 1 ) and (3) of the said grounds of detention fell under cl. (d) being offences under the Explosive Substances Act, 1908, and also being such that they did or were likely to disturb public order. The only contention raised for our determination was that activities set out in ground No. (2), namely, causing injuries with a sword. would constitute an offence under s. 324 of the Penal Code, an offence neither punishable with death, nor life imprisonment, nor imprisonm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the provisions of the Act or the rules made thereunder. Once, therefore, such a notification is issued under the Act or the rules made thereunder, and that notification specifies any arms, e.g. a sword, possession of or carrying such a sword without licence in the specified area would be an offence under the Arms Act. Sec. 25 (1) (b) provides that whoever acquires, has in his possession or carries in any place specified by notification under s. 4 'any arms of such class or description as have been specified in that notification in contravention of that section shall be punishable with imprisonment for a term which may extend to three 1 years, or with fine or with both. It, however, appears that no such notification as contemplated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the provisions re-enacted, continue in force and be deemed to have been made under the provisions so re-enacted unless it is superseded by any notification or order issued under the provisions so re-enacted. The new Act nowhere contains an intention to the contrary signifying that the operation of the repealed Act or of an notification issued thereunder was not to continue. Further, the new Act re-enacts the provisions of the earlier Act, and s. 4 in particular, as already stated, has provisions practically identical to those of s. 15 of the earlier Act. The combined effect of ss. 6 and 24 of the General Clauses Act is that the said notification of 1923 issued under s. 15 of the Act of 1878 not only continued to operate but has. to be dee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions so re-enacted, and must be so construed as to have continuity of force, and are to be regarded as laws in force at the date of the offence within the meaning of Art. 20(3) of the Constitution. In that case, the breach of those Regulations took place before the commencement of the new Act. Even then the prosecution under the new Act was held to be valid on the ground that the Regulations were deemed to have, been made under the new Act. In the present case, the offence of being in possession of and carrying a sword without licence took place after the commencement of the new Act of 1959. The said notification, by virtue of s. 24 of the General Clauses Act having to be deemed to have been made under S. 4 of the Arms Act, 1959, the notif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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