ALI AHMAD KHAN Vs. EMPEROR

JUDGEMENT

(1.) THIS was a cleat case and the only question was whether the accused was in possession of cocaine and used to sell it in his house. On search being mack; four Government currency notes which had been previously marked by the Excise Inspector and had been handed over to an informer in order to be paid for cocaine as purchase price were actually discovered in a locked box in the house of which the accused had the key. Furthermore, the search witnesses say that as soon as the party raided the house the accused went inside a room and tried to hold up the door against the Police but it was forced open. He was also seen going to a table in a corner of a room and picking up some packets which he hurriedly put in his mouth. His mouth was forced open by a Police Constable and some pieces of paper were taken out but the powder had been swallowed by him. Then the evidence is that certain scales and a knife were discovered which when later on examined by the Chemical Examiner, were found to have traces of cocaine on them. The evidence of Baldeo Prasad as well as the informer is to the effect that it was the accused who had sold the packet to the informer and which was ultimately found to contain cocaine. All these facts have been found by both the Courts below against the accused. It is impossible for me to go behind these findings and to say that these witnesses should not have been believed. It has been strongly urged before me that the search that was made was without a legal warrant and was illegal and it is then argued that that vitiates the whole trial. I am unable to agree with this contention. There is no question of drawing any legal presumptions. The discovery of the articles mentioned above is proved by direct evidence. Any irregularity or illegality in the search can neither vitiate the trial nor affect a conviction; vide the case reported as Emperor V/s. Allahdad Khan 19 Ind. Cas. 332 : 11 A.L.J. 442 : 35 A. 358 : 14 Cr. L.J. 236. In face of the positive evidence it cannot be said that the accused has in any way been prejudiced by any irregular search. I reject the application.