Supreme Court of India · 1956-05-08
BHAGUBHAI DULLABHABHAI BHANDARI vs THE DISTRICT MAGISTRATE, THANA& OTHERS(with connected peti
- Citation / case number
- SC 1955/120
- Court
- Supreme Court of India
- Petitioner
- BHAGUBHAI DULLABHABHAI BHANDARI
- Respondent
- THE DISTRICT MAGISTRATE, THANA& OTHERS(with connected peti
- Bench
- DAS, SUDHI RANJAN (CJ),JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court upheld the constitutionality of Section 56 of the Bombay Police Act, 1951, ruling it does not violate Article 19 of the Constitution. The Court clarified that the term 'witnesses' in the section includes members of the police and customs departments, and that the requirement for witnesses to be unwilling to testify does not necessitate all witnesses being unwilling. The petitioner's conviction for breaching an externment order was affirmed, as he could have avoided prosecution by seeking prior permission from authorities.