AIR 1950 BOMBAY 273 ::52 Bom LR 321

Bombay High Court

Hon'ble Judge(s): Bavdekar, Chainani , JJ

(A) Bombay Prohibition Act (25 of 1949) , S.116— Magistrates not empowered to try cases summarily, it competent to try offences under Act. Criminal P.C. (5 of 1898) , S.260, S.261— Offences punishable under the Bombay Prohibition Act can be tried by any Magistrate who is competent to try them under she second schedule to Criminal P.C., whether ha is empowered under S. 260 of the Code to try oases la a summary manner or not.(Para 4) The power to try a case and the manner in which it is to be tried are two different matters. Section 116 deals only with the second matter, i.e., about the mode of trial and it does not curtail the ordinary powers of Magistrates to take cognisance of and try offences, but on the other hand, it authorises all Magistrates to follow the summary procedure while trying offences under the Act.(Para 2) Annotation : ('49 Com.) Criminal P.C., S. 260, N. 5. (B) Bombay Prohibition Act (25 of 1949) , S.116— Offences under Act - Sentence for more than 3 months can be awarded even in cases of summary trials - Criminal P.C. (5 of 1898), S.262(2), has no application. [Para5] (Para 5) Annotation : ('49 Com.)....