AH FOONG Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Ah Foong Chinaman who was charged along with two others with an alleged offence under Sezction 9, Clauses (c) and (d), of the Opium Act of 1878. The appellant was called the third accused in the trial Court.

(2.) The facts of this case may be shortly, stated as follows: The Excise Officers apparently had got information about a contemplated dealing with some opium, and having engaged two taxi-cabs they proceeded to a place called Ghoosery, and having stopped at a certain place near the darga they waited: and presently another taxi-cab drove up, and the Excise Officers ran out and seized the persons who were in the taxi-cab: one was the first accused who was sitting inside the taxi-cab, the other was the second accused who was the driver of the taxi- cab; they then found inside the taxi-cab three gunny bags-the first accused was sitting in the cab with his feet either on or over the bags. The bags were taken out and opened in the presence of the first and the second accused, as I understand the evidence on the record, and they were found to contain opium; it appears that the total amount of the opium was about 52 seers. I ought, perhaps, to have stated that this was on the 14th of November 1917, and the time the taxi-cab drove up near the darga at Ghoosery was, according to the evidence of the Inspector of Excise, about 10 o clock at night.

(3.) The first and the second accused made statements to the Excise Officers.