RAJMAL OSWAL Vs. EMPEROR

JUDGEMENT

(1.) STAPLES , A.J.C. 1. There is evidence that the applicant sold the bottle of Manola to Sheikh Mahbub and that evidence has been accepted by two Courts. I would point out to the lower appellate Court that the admission of the accused to the Sub-Inspector (Excise Sub-Inspector) is inadmissible Under Section 25, Evidence Act, and I would draw his attention in this connection to Emperor v. Akia AIR 1927 Nag 222 and Ibrahim v. Emperor AIR 1931 Cal 350. Apart from this admission, however which was improperly admitted there is sufficient evidence on record to warrant the conviction. The sentence has been reduced by the lower appellate Court and is not now too severe. I decline to interfere. and the application for revision is dismissed without notice to the Crown.