EMPEROR Vs. TAMKIN HIU AH CHUNG

JUDGEMENT

(1.) The appellants in this matter have been convicted by the learned Presidency Magistrate, 6 Court, under Secs.14(a) and 21, 10B and 14(a) of the Dangerous Drugs Act, and have been sentenced to imprisonment and fine. They are all three Chinamen living, in the case of two of them, in a house at Suklaji Street, and that of the third, in Frere Road, Mazgaon. Two of them are ships carpenters, and the third describes himself as secretary of a Chinese Club.

(2.) The case against them was that No. 1 was in possession of about two find a half ounces of cocaine worth about Rs. 248, that No. 2 was in possession of five tolas of chandul (a preparation of opium) and twenty-three tolas of madat (opium residue after the preparation of chandul) and that No. 3 was in possession of four grains of cocaine.

(3.) The unlicensed possession of any cocaine is prohibited by the Act, while Under the rules, chandul prepared from opium lawfully acquired within the limit of weight allowed, may only be possessed to the extent of one-fourth tola for individual comsumption and half a tola for corporate smoking, and so with madat. 3. We have heard Messrs. Coelho and Kaderbhoy for the appellants, and the learned Government Pleader for the Crown, but we think it is Unnecessary now to enter into the merits, for it seems to us the convictions must be set aside on technical grounds, and re-trials must be ordered.