DASWANI vs. COMMISSIONER OF POLICE

JUDGMENT OF SOWAH J. In this appeal counsel for the Commissioner of Police has argued that there was no right of appeal from the decision of the circuit court judge in this matter to the High Court and in support of his argument learned counsel cited section 105 of the Criminal Procedure Code, 1960,1 which gives a right to the High Court to review any orders made under section 104 of the Criminal Procedure Code, 19602 and further gives a right to an aggrieved person to appeal to the High Court. Counsel argued that there was no provision enabling a person to appeal from a decision of a circuit judge. It is a principle of law that the right of appeal from a decision of any court is always conferred by statute and where there is no provision for an appeal an aggrieved person cannot do so. In my view, however, where a statute has conferred an unlimited right of appeal from any decision of a court, unless there is an express provision in a particular enactment excluding the operation of...