FAQIRA Vs. EMPEROR

JUDGEMENT

(1.) The case is a sequel to Criminal Revision No. 377 of 1929, [Faqira V/s. Emperor A.L.R. 1929 All. 901(2)] which has already been disposed of. On 24 March 1929, Sub-Inspector Mr. Abdul Rauf Khan raided the house of Faqira Chamar upon certain information received that the latter was in possession of illicit liquor. The Sub-Inspector was not armed with the necessary search warrant. The learned Sessions Judge has found that the procedure adopted by the Sub Inspector was irregular. It was irregular because the Sub-Inspector, if he be considered to be an officer coming within the purview of Section 53, Excise Act, did not take the trouble to record his reasons for the belief that the house of Faqira Chamar contained illicit liquor.

(2.) It is alleged that the Sub-Inspector found two bottles of illicit liquor inside the house, that Faqira ran up and tried to break the two bottles, that Fatehyab Khan constable snatched one of the bottles from Faqira's hands, but that Faqira and Mangan pushed the constable down and that Mangan aimed a lathi blow which fell on the bottle in the hands of the constable.

(3.) On these facts, the learned Magistrate convicted Faqira and Mangan under Section 352, I.P.C. and sentenced them to two months rigorous imprisonment.