FAQIRA Vs. EMPEROR

JUDGEMENT

(1.) Faqira is a Chamar by caste and is a resident of village Olri in the District of Saharanpur. He was convicted by Mr. Rajendra Narain, Magistrate, First Class, under Section 60(a), United Provinces Excise Act (Local Act 4 of 1910) and sentenced to three months rigorous imprisonment. The learned Sessions Judge on appeal has affirmed the conviction but reduced the sentence to a fine of Rs. 10 Faqira challenges the legality and propriety of the conviction by the Courts below and comes up before this Court in revision.

(2.) The date of the occurrence was 24 March 1929, which by a curious coincidence happened to be the day of the Holi celebration. On that day men of the caste and the class to which Faqira belongs notoriously indulge in strong drinks.

(3.) Mr. Abdul Rauf Khan, Sub-Inspector of Bargaon Police Station having received an information that Faqira was in possession of illicit liquor raided his house. Two bottles containing some liquid were discovered under a pulla in the courtyard. There was a struggle between a police constable and Faqira over these bottles and it appears that these two bottles were smashed in the course of the struggle. Two other bottles alleged to have contained illicit liquor were found inside the house in a room. The contents of these two bottles were not subjected to any chemical test. The Excise Officer who examined these bottles appears to have applied what he calls the small test, and according to him one of the bottles contained 36.2 U.P. and the other 27.1 U.P. liquor. According to the Excise Inspector, it was possible for 35 U.P. liquor to reach the strength of 26.2 by exposure. There are certain facts relating to these bottles which appear to be shrouded up in complete mystery and no attempt has been made on behalf of the prosecution to unravel the same. The learned Sessions Judge noticed it and I cannot fail to take notice of it that the bottles bore on the mouth the seal of one Munawwar Ali who was not a search witness and who lived at a distance of nearly two miles from Olri. The bottles were not securely stoppered. The learned Sessions Judge finds and it is a finding which is completely destructive of the case for the prosecution that it is possible for the contents of the bottles to have been subsequently changed.