Madras High Court
Alaga Pillai vs Emperor on 22 March, 1923
Equivalent citations: 74IND. CAS.958
ORDER
1. The only point raised in this Criminal Revision Case is, that the Magistrate, who tried the case, the Second Class Magistrate of Thirumangalam has not been, empowered to try cases under the Opium Act, 1 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 no doubt whatever that this is a special empowering of the person holding that office in virtue of his office within the meaning of: Section 29 of the Criminal Procedure Code and would satisfy the requirements referred to by the learned Judges in Mahomed Kasim v. Emperur 28 Ind. Cas. 156 : 17 M.L.T. 191 : 2 L.W. 233 : (1915) M.W.N. 269 : 16 Cr.L.J. 268.
2. The petition is dismissed.