MUHAMMAD IBRAHIM OR IBRAHIM PAHALWAN Vs. EMPEROR

JUDGEMENT

(1.) In this case the appellant Muhammad Ibrahim or Ibrahim Pahalwan Was placed on his trial with six others before the 4th Presidency Magistrate on charges of unlawful possession of opium Under Section 9 of Act I of 1878. All were convicted and sentenced and the present accused, who received an appealable sentence, has appealed.

(2.) The case for the prosecution is that in concert with certain informers certain Excise Officers arranged to give to the appellant a quantity of cocaine in exchange for a corresponding quantity of opium to be obtained from him. For the purpose of carrying through the transaction a house, No. 1, Eden Hospital Lane, was hired. In this house behind the ball there are two rooms with an inter-communicating door. At the bottom of this door there are two holes, one a semicircular hole measuring 2 1/2 by 1 1/2 inches at the meeting of the two- halves, and one a larger triangular hole caused by the decay of the wood work against the door post on the west. There are also doors leading from each room into the hall in front and into corridors at the back and sides. To this house on the morning of the 14th August, a Mr. Pogose, a Sub-Inspector of Excise, took 25 ounces of cocaine obtained from the Excise Superintendent Raha. With an excise peon Sebrati, Pogose placed himself in the southern room, and to the northern room were brought by the informers the appellant Ibrahim and another accused Rafiq. This was at about 5 a.m. The cocaine was shown to Ibrahim, who then left to fetch the opium. lie returned. without it, at about 11 a.m and it was then arranged that he should bring it in the evening.

(3.) At about 7 P.m. the same day Excise Inspector Hossain stationed himself in the southern room. At or soon after 8, the seven accused came with the opium and, on a signal given, Pogose, two Sergeants of Police and the excise peons raided the house, and arrested the accused. One was captured in the northern room, five as they rushed into the adjoining, room, and Ibrahim the appellant as he tried to make his escape through the hall. The opium brought by the accused to, and seized in, the northern room in a variety of packages was found to weigh just under 31 seers.