Reports of Selected Cases Determined By the Court of Nizamut ..., volume 3
Reports of Selected Cases Determined By the Court of Nizamut ..., volume 3
North-Western Provinces, India
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^' Martin, Patrol, subordinate Magistrate of the first Class) *^ obtained information respecting the importation of counterfeit ^< coin by the defendant, and caused him to be searched on his ^< return to his home.
** Twenty counterfeit Gold Mohurs of impure gold were found upon him. " I quote the foregoing from the statement of the Sessions Judge, who has found Hurdeo guilty and sentenced him to six (6) months' simple imprisonment.
But the Deputy Magistrate had no authority to institute the search and initiate the investigation, as he is not a Magistrate in charge of a Sub-Diyision of a District.
Moreover, he bad not power to commit the accused to the Sessions,* and he should have abstained •See the Government Or* from taking any evidence in the case, ^';K9th&r^^ under Section 276, Criminal Procedure General i^epj^J^fjXJP""^- Codc. He did Subsequently refer the case graphs land oespecmlly. ^ .» r^ j t i j ^v ^ n to Mr. Gardener, who had the full powers of B Magistrate, but Mr. Gardener was not the Magistrate of the District, nor was the case referred to him by that Magis- trate, or brought up in the first instance by a Police Officer, or by a complainant.
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