DEOKI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the conviction of the petitioners for an offence under section 47 (a) of the Excise Act. The petitioners are residents of village Bidhipur within Bakhtearpur police station. The prosecution alleged that an excise party accompanied by a Magistrate raided the house of the petitioners on 14.2.1970 in the morning and recovered 30 kgs. of contraband Nepali Ganja from one of the rooms of the house. The prosecution had also alleged that petitioner no. 1 Deoki Singh had fled away from the house before the raid, but petitioner no. 2 Jalgovind Singh was present when the raid was conducted. Eventually a prosecution report was submitted against the petitioners before the Sub-divisional Magistrate, Barh, who took cognizance against them. The trial of the petitioners was held before Sri G. D. Misra, Judicial Magistrate, 1st Class, Barh. The petitioners had denied the accusation made against them. The defence was that no contraband Ganja was recovered from their possession. The learned Magistrate on the evidence produced before him found the petitioners guilty and sentenced them to undergo rigorous imprisonment for a period of one year each. The appeal preferred by the petitioners was dismissed, by the Additional Sessions Judge, Patna.

(2.) Learned counsel for the petitioners has raised two points in support of the petition. He has firstly contended that the trial of the petitioners was invalid for want of a sanction of the State Government under section 96 of the Excise Act. Secondly, he has contended that the petitioners, have been convicted on no evidence whatsoever.

(3.) Section 96 of the Excise Act is as follows : -