Guwahati Court May 1949 Judgments
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Bholanath Sarma Vs. the King
Court: Guwahati
Decided on: May-27-1949
1. This is a petition Under Section 439, Criminal P.C. by one Bholanath Sarmah who was convicted by a 1st class Magistrate of Golaghat Under Section 9 (a), Opium Act (Act I [l] of 1878) and sentenced to rigorous imprisonment for one year. The petitioner's appeal to the Sessions Judge, Upper Assam Districts, against the conviction and sentence was dismissed on 29th January 1949.2. It appears that on 1st November 1947, the house of the petitioner was searched by the Excise Inspector of Golaghat in the presence of certain witnesses. In the course of the search, a cigarette tin containing 2 teals of opium was found lying on a projection (chung) in the living room (maralghar) of the petitioner. Another lot of 32 tolas of opium waa found in a wooden box wrap, ped up in a newspaper and kept under a wooden seat (barpira) in the petitioner's bed-room. Near the wooden box were found a case containing a weighing balance, an eight anna silver coin, a four nana silver coin and 20 rati weights. The...
Judhabir Chetri Vs. the King
Court: Guwahati
Decided on: May-23-1949
1. This is an application under the provisions of Section 526, Criminal P. C., for transfer of Misc. case No. 4 of 1949 from the f-le of Mr. Mahiuddin Ahmed, Magistrate, 1st class, Tezpur, to some other Court of competent juisdic tion at Tezpur. In Pdra. 8 of the application, it is stated that the applicant has come to know that the trying Magistrate is closely related to the Superintendent of Excise and that he stayed with the Superintendent for about a fortnight when he first visited Tezpur, and that the trying Magistrate went to Balipara to try the case in the same car with the Superintendent, the oar belonging to the Superintendent; the applicant was, therefore, apprehensive that he would not get a fair and impartial trial at the hands of the trying Magistrate, Mr. Mahiuddin Ahmed.2. It appears that an application for transfer of this case was in the first instance made to the District Magistrate, Darrang, under Section 628, Criminal P. C., but the learned District Magistrate refu...
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