TMI Blog1975 (6) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... tion to serve under the food corporation of India with effect from December 16, 1968. Petitioner left Calcutta for switzerland on the 16th July, 1974 by a chartered flight in connection with the works of religious and relief organization. On the 27th July, 1974, while the petitioner was going to board the air craft through customs check at Zeneva, he picked up quarrel with the police as two police men were abusing Indians by saying 'bloody niggars'. The petitioner protested and he was arrested by the police. The chartered air craft by which the petitioner was to fly, left Zeneva in time 28th July and 29th July, 1974 were closed holidays in switzerland and no work was done on those days. On the 30th July, 1974 the police came and ask ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner was deemed to have been under suspension with effect from July, 1974. Being aggrieved the petitioner moved this court on 17th January, 1975 and obtained the present rule. (3) In affidavit - in - opposition, filed on behalf of the respondent no. 1, the regional director (food) government of India and affirmed by Sudhir Chandra Bhattacharya it is stated that the central bureau of investigation (inter pol) Delhi brought to the notice of the respondent no. 2 that the petitioner visited foreign countries, unauthorisedly during July - august, 1974. It was further reported that while the petitioner was in switzerland, he was convicted and awarded imprisonment for a period of 8 (eight) days including the detention period of 5 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Indian law as well. Conviction of an employee in the petitioner's position for theft by any court in any country involved moral tarpitude. Mr. Chakrborty points out that offence? has been defined under section 3 (38) of the general clauses act, which means an act and/or commission made punishable by any law for the time being in force. According to mr. Chakraborty the word 'any law' includes law of other countries as well. (6) In sub - clause 3 of article 13 of the constitution the word law and laws in force are explained. laws in force denote all prior and existing laws passed by the legislature or other competent authority which have not been repealed notwithstanding the fact that they are not in operation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of the commission of the act charged as an offence. The existing law? has been defined in clause (10) of article 366 of the constitution which means any law, ordinance order, bye - law, rule or regulation passed or made before the commencement of this constitution by any legislature, authority or person having power to make such a law, ordinance, order, bye - law, rule or regulation. (10) In edward company mills v. State of ajmer, a. I. R. 1955 s. C. 25, the supreme court observed that there was no material difference between existing law and a law in force. quite apart from article 366 (10) of the constitution, the expression - Indian law? has itself been defined under section 3 (29) of the general clauses act as meaning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of the constitution that a person cannot be convicted of an offence except for violation of law in force at the time of commission of the act charged as an offence. Therefore, in my opinion, the word any law for the time being in force as occurred in section 3 (38) of the general clause act, 1897, must be construed as any law for the time being in force? in India. Obviously it has no reference to any law of other countries of the world. (14) The general principle of international law is, that every person found within a foreign state is subject to, and is punishable, by its law. Territorial jurisdiction attaches (with special exceptions) upon a person who permanently or temporarily resides within the territory, but its la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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