NEEL & NIRENJAN MAJUMDAR versus THE STATE OF WEST BENGAL

NEEL & NIRENJAN MAJUMDAR versus THE STATE OF WEST BENGAL

The 1923 notification prohibiting the possession and carrying of arms other than firearms without license, originally issued under section 15 of the Arms Act, 1878, continued to remain in force and is deemed to have been issued under section 4 of the Arms Act, 1959 by virtue of sections 6 and 24 of the General Clauses Act, 1897, as the 1959 Act contains no contrary intention and re-enacts similar provisions. Therefore, possession and carrying of a sword without license is an offence under the Arms Act, 1959 and ground no. 2 of the detention order is not extraneous.

Parties
Petitioner: Neel & Niranjan Majumdar; Respondent: The State of West Bengal
Jurisdiction
India
Judgment Date
23 May 1972
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India for Habeas Corpus / Supreme Court Decision on Merits
Outcome
Petition dismissed
Legal Topics
Preventive Detention, Continuity of Notifications After Statutory Repeal, Interpretation of Statutes, Arms Act Offences, General Clauses Act Application
Constitutional Law Criminal Law Administrative Law Preventive Detention Continuity of Notifications After Statutory Repeal Interpretation of Statutes Arms Act Offences General Clauses Act Application

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Parties

Neel & Niranjan Majumdar

Petitioner

The State of West Bengal

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India for Habeas Corpus / Supreme Court Decision on Merits

Legal Issues

  1. 1 Whether the notification of 1923 issued under section 15 of the Arms Act, 1878 continued after its repeal by the Arms Act, 1959 and applied to offences alleged to have been committed after 1959.
  2. 2 Whether possession and carrying of a sword without a license, as alleged in the grounds of detention, falls within offences under the Arms Act, 1959 and thereby justifies preventive detention under s. 3(2)(d) of the West Bengal (Prevention of Violent Activities) Act, 1970.

Ratio Decidendi

The 1923 notification prohibiting the possession and carrying of arms other than firearms without license, originally issued under section 15 of the Arms Act, 1878, continued to remain in force and is deemed to have been issued under section 4 of the Arms Act, 1959 by virtue of sections 6 and 24 of the General Clauses Act, 1897, as the 1959 Act contains no contrary intention and re-enacts similar provisions. Therefore, possession and carrying of a sword without license is an offence under the Arms Act, 1959 and ground no. 2 of the detention order is not extraneous.

Court Disposition

Petition dismissed

Orders

  • The writ petition fails and is dismissed.