STATE Vs. SATYANARAYAN

JUDGEMENT

(1.) RESPONDENT Satyanarayan Mallik stood charged under Section 47(a) read with Sections 55 and 47(b) of the Bihar and Orissa Excise Act. The Excise Sub-Inspector P.W. 3 made a search of his house on 27/7/1963, and recovered 22 hemp plants from his court-yard and one packet of Ganja from under his cot. The accused himself produced 22 other packets of Ganja. The defence was one of denial of the recovery and production.

(2.) THE trial Court on discussion of the evidence recorded two findings, namely (i) the provisions of Section 165, Cr. P.C. were not complied with and that the search was illegal, and (ii) P.Ws. 1 and 2, the search witnesses, could not identify the hemp plants, and that the recovery and production of the hemp plants are not acceptable. On these findings the accused was acquitted. THE State has filed the appeal against the order of acquittal.