TENTH DAY’S PROCEEDINGS    Mr. Das continuing his address said, he had already made his submissions on the questions of law bearing on the searches. He desired only to give their Lordships a reference from the Bengal Police Code, Volume I, l897, rule 65, clause 4 sub-clause (m) page 433. These rules were proved under section 102 of the Criminal Procedure Code.      After reading rule 65 of the Bengal Police Code, Mr. Das said : —- If any articles are found in execution of a search warrant they have to be produced before the Court which issued the search warrant and the things are to be disposed of by the order of the Court. As a matter of fa

Distinguishing mark or number Description of Articles Date of Admission Whether admitted after or without objection. REMARKS 1344  1 and 2 Translation and the original articles in the Sandhya 15th June 1907. (2 articles.) 4th Sept. 1908.               1352 to 1361 contained in record Ex. 942 1345  1 and 2 Ditto ditto 15th July 1907 Ditto 1346  1 and 2 Ditto ditto 24th July 1907 Ditto 1347  1 and 2 Ditto ditto 25th July 1907 Ditto

Twenty Seventh Day's Proceedings FORTY-SEVENTH DAY’S PROCEEDINGS        Mr. Chuckerverti continuing his argument on behalf of Indra Nath Nandi submitted that Indra Nath’s connection with the Page 350 conspiracy was due mainly to his connection with Tara Nath Rai Chowdury who was described by the Crown as an absconder and proclaimed offender. It was clear from the evidence that Tara Nath became the Manager of the Yugantar in November 1907. He was never the Editor, Printer and Publisher of that paper. He simply collected money on behalf of the paper and made payments. It had been suggested by the Crown that there were grounds for reasonable

-30_Eleventh Day^s Proceedings.htm ELEVENTH DAY’S PROCEEDINGS Mr. Das continuing his address said that with regard to the interpretation of section 73 of the Evidence Act, he found that the history of the section showed that what was intended to be done was that witnesses should he allowed to compare documents in court, and inasmuch as it was at one time doubted whether the court or jury could look into such a document, it was especially provided by the Act. In support of that view Counsel cited) a case in 10, Moore’s Appeals. That was a Privy Council case and was a decision on this point. Their Lordships would remember the words of the English Statute which referred to witnesses. I

TWENTY-SECOND DAY’S PROCEEDINGS   Mr. Chakraverti continuing his address on behalf of Indra Nath Nandi said that the evidence against his client beyond what he stated to their Lordships on Wednesday consisted of certain documents found at searches made in the garden, 15 Gopi Mohan Dutt’s Lane and one other lace in Bhowanipur. The last item was evidence——if it was evidence at all—·of Indra Nath's connection at Jamalpur when he was simply bound down under section 107 of the Criminal Procedure Code.      Counsel would take the search at the garden as the most important item of evidence to which he desired to draw their Lordships` attent

A SHORT HISTORY OF THE CASE During the Viceroyalty of Lord Curzon 1899-1905 a most unpopular administrative measure was carried out known as the Partition of Bengal. It was effected in the teeth of the most strenuous opposition not only of the people of Bengal but also of the whole Indian people who sympathised with the Bengalis. They looked upon the measure as calculated to break the solidarity of the great Bengalee nation. All manner of constitutional agitation was resorted to to bring about its annulment, but to no effect. In despair the people resorted to Swadeshi agitation and declared Boycott of British goods on 7th August 1905 to dra

Seventh Day's Proceedings SEVENTH DAY’S PROCEEDINGS        His Lordship resumed the further hearing of the reference in the above case.      The Advocate General continuing his arguments on the nature and existence of the conspiracy dealt with the documentary evidence found at the garden and 15, Gopi Mohan Dutt's Lane. Amongst those found at the garden was a cyclostyled copy of instructions couched in the most popular style, for the manufacture of various kinds of bombs and explosives. Counsel next referred to the evidence relating to the various acts of violence committed by the conspirators in consequence of the existence of a secret society at the ga

Defence Exhibits.   A—Duplicate copy of search list marked Ex. 29/1-3 B —Envelope with "On Her Majesty's Service". C —Deposition of S. I. Satis Banerjea, P. W. 185, Lower Court. D — Do. Abdul Noor, P. W. 18, Do. E—Application of P. C. Biswas to Chief Presidency Magistrate, dated   5th May 1908. F—Police chalan, dated 10th June 1908 G —A pencil plan, dated 2Ist November 1908. H.—Deposition of Superintendent Cregan, P. W. 2, (1st batch). H / 1, — Do. do. (2nd batch). I.—Search warrant, dated 1st May :908. J.—Search warrant, dated 1st May 1908. J/a.— D

Distinguishing mark or number Description of Articles Date of admission. Whether admitted after or without objection. REMARKS 294 Letter from Arabinda Ghosh, dated December 6th, 1907. 20t.h May 1908 Without.       295 Letter, dated December 27th I907 Ditto Ditto 296 Bundle of 6 Documents and 2 pamphlets Ditto Ditto 297 Telegram from Tilak Ditto Ditto 298 Cheque book showing cheque paid to Abinash Chandra Babu on March 24th

THIRD DAY’S PROCEEDINGS   Mr. Das continuing his address said there were two questions :— First, what the construction of that section was and, second, whether in the light of the cases he had cited, it was no longer open to their Lordships to construe that section. As regards the question of construction of the definition of a European British subject there was no reservation of any kind. Section 447 laid down in clear terms that where the accused was, but not claimed to be, a European British subject, the commitment should be to the High Court. He desired also to bring to their lordships’ notice section 455 which seemed to him meaningless if the const