MAHOMED YAKUB Vs. EMPEROR

JUDGEMENT

(1.) This is a revision from convictions under Section 120-B, I.P.C., and Section 60 (a), Excise Act.

(2.) The facts have been found by both the Courts below and there can be no dispute about them in revision. The prosecution case was that the applicants Md. Yakub and Abdul Shakur, who are residents of Delhi, entered into a criminal conspiracy with the applicant Saddu Beg, and, one Md. Ishaq, residents of Saharanpur, for the supply of cocaine from Delhi to Saharanpur, in order to be sold at the latter place. There can be no doubt that the Excise Inspector received information that there was a conspiracy to sell cocaine, and arranged with one Abdul Hafiz to catch the culprits red-handed.

(3.) On 30 September 1930, Abdul Hafiz gave the information that Abdul Shakur and Md. Yakub had arrived at Saharanpur, and were at the house of Saddu Beg. A party went out in search of the smugglers, but they were informed that Yakub and Shakur were not at the house of Saddu Beg. Md. Yakub and Abdul Shakur were searched for in the bazaar, and they were traced to the railway station, where they were found sitting together in a compartment of a railway train. Md. Yakub had a razai (quilt) on his knees. When asked to get down, Yakub told to Shakur to throw a razai down, and Shakur tried to get hold of the razai, but he was secured. When the two men were searched, a packet containing cocaine was recovered from a fold of the razai which Yakub had, in addition to currency notes, silver and a large quantity of small change. The party went to the house of Saddu Beg, and there Saddu Beg and Md. Ishaq were found making packets of cocaine. On seeing the police, both of them ran out. They were pursued and caught. A phial containing cocaine was recovered from where the two men were making the packets. Md. Ishaq was first put on trial, but was examined as a witness against the three applicants. Abdul Hafiz, along with other persons, is a witness for the prosecution.