SHEIKH ABDUL RAHMAN Vs. EMPEROR

JUDGEMENT

(1.) This was a rule calling upon the Chief Presidency Magistrate to show causes why the order confiscating the boat, in this petition mentioned, should not be set aside on the ground that the said order was made without giving the owner of the boat an opportunity of being heard.

(2.) The ground on which the rule was issued is quite sufficient to set the order aside; but we would further point out that Section 11 of the Opium Act does not seem to contemplate that every receptacle in the nature of a ship or a house or a carriage in which a small quantity of opium may happen to be found is liable to confiscation; the liability arises from the owner of such conveyance using the conveyance for the purpose of transporting opium. No one can be liable because his servant made use of his private carriage as a depositary for his private stock of opium. There is, therefore, no occasion to call upon the owner to show cause.

(3.) The rule is made absolute, the order is set aside and the boat will be restored to its owner.