Law: Bombay Akbari Act (V of 1878)

Section: Ss. 6, 36, 37, 41 & 41-A

  Bombay Abkari Act (V of 1878), Ss. 6, 36, 37, 41 & 41-A-"Police Officer" acting under S. 6 may exercise powers under S. 36, 37 or 41, short of challaning accused-Abkari Officers, having technical knowledge, finally to determine whether article seized covered by Act.   Interpretation of Statutes-Statutes to be given meaning and effect-To be made consistent with t scheme of Act. JUDGMENT   This is a reference by the learned Additional District Magistrate, Karachi. The brief facts are that Kadir Shah son of Haji Jan Shah was sent up by police and challaned before Mr. Abdul Bari Khan A. C. M. Court No. 3, Karachi, under section 43 (3), Bombay Abkari Act. On 14-9-61 the A. C. M. Mr. Bart passed the following order:   "Heard the P. S. I. Heard the defence counsel. P. S. I. says at every cognisable offence can be charge-sheeted by the regular police. The defence counsel contends that regular police has no power to investigate and charge-sheet offences under the Abkari Act (of Bombay, in force).   In view of section 5 (2) of the Criminal Procedure Code read with 35 Criminal Law Journal, page 129, 43 Criminal Law Journal, page 304 and 24 Criminal Law Journal page 335, I hold that regular police has no power to charge-sheet the accused Kadir Shah under the Abkari Act.   Consequently I discharge the above said accused."   2. Section 6 of the Bombay Abkari Act No. V of 1878 reads as under:-   "To aid the Collectors in carrying out the provisions of this Act, the Provincial Government may, appoint such subordinate officers, with such designations, and assign to them respectively such powers and duties under this Act, as it deems fit.   The Provincial Government, or, subject to such orders as aforesaid the Commissioners may invest any servant of the Crown in any Department either personally or in right of his office, or any other person, with such powers, and impose upon him such duties, under this Act as they deem fit, and any such officer shall thereupon exercise the said powers and discharge the said duties in addition to the powers and duties incident to his principal office Provided that powers…