STATE Vs. MAHENDRA

JUDGEMENT

(1.) This is an appeal against the order dated 14 -3 -69 of the Sessions Judge of Kanpur allowing; the appeal of Mahendra, Respondent and acquitting him of the offence punishable Under Sec. 60 of the U.P. Excise Act. The Respondent was charged for being in possession of 1600 grams of contraband Ganja and 2 -3/4 Tolas of Charas.

(2.) On the 26th of December, 1967, the Additional District Magistrate (City) paid a surprise visit to the country liquor shop in village Pura Bazar, Police Station Sheorajpur, district Kanpur, in which the Respondent was working as Salesman and found the above quantity of Ganja and Charas in the shop. The recovered articles were examined by the Excise Inspector whereafter the Respondent was prosecuted.

(3.) The question put to the respond dent was whether the above Ganja and Charas were recovered on a personal search being taken and he replied in the affirmative. He adhered to the admission even when it was brought to his notice that he could be convicted on its basis. The magistrate thereupon convicted the Respondent Under Sec. 60(a) of the U.P. Excise Act and sentenced him to a fine of Rs. 400/ - in default, three months R.I.