Law:

Section:

(a) Reformatory Schools Act (VIII of 1897)-- J S. 8(1), (2)-Punjab Government Notification dated 7th January .j, 1924, investing "all Magistrates of the first class" with powers mentioned in S. 8(1)-Validity-Whether investment of powers by name necessary-Criminal Procedure Code (V of 1898), Ss. 30 & 39(1)-Punjab Borstal Act (XI of 1926), S. 5-Magistrate acting under S. 5 does not thereby purport to act under S. 8, Reformatory Schools Act (VIII of 1897). The accused 14/15 years of age, was convicted under section 380 of the Pakistan Penal Code by a Magistrate empowered under section 30 of the Code of Criminal Procedure and was ordered to be detained in the Borstal Institution under section 5 of the Punjab Borstal Act, 1926, for a period of 3 years in lieu of sentence of imprisonment. On appeal, the Sessions Judge confirmed the order of conviction and detention. On revision, the High Court held that as the trying Magistrate was not legally invested with the powers mentioned in section 8(1) of the Reformatory Schools Act, 1897, the trial was without jurisdiction and the entire proceeding was, accordingly, quashed. The High Court was of -the view that a Magistrate must be specially empowered by name in order to legally clothe him with the aforesaid powers: Held, that it was evident from the notification that the Governor in Council applied his mind to the question of investing the Magistrates with the powers under section 8(1) of the Reformatory Schools Act, 1897, and decided that only Magistrates of the First Class within the local limits of their jurisdic­tion should be invested with those powers. The mode adopted for the invest­ment was a well-recognised one, and was provided for under section 39(1) of the Code of Criminal Procedure. The advantage of the mode adopted was that it obviated the necessity of frequent appointments, and prevented the existence of any vacuum in respect of the Magistrates under section 29-B of the Code of Criminal Pro­cedure read with section 8 of the Reformatory Schools Act that might be occasioned by the transfer of the Magistrates, their appointment to secretariat posts, and a host of other contingencies. Abdul Hameed v. State P…

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