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Guwahati Court May 1957 Judgments

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May 17 1957

Prem Chand Roy Vs. the State

Court: Guwahati

Decided on: May-17-1957

Sarjoo Prosad, C.J.1. The petitioner in this case has moved for setting aside his conviction Under Section 5(a) of the Assam Opium Prohibition Act of 1.947 (Act XXIII of 1947), under which he has been sentenced to rigorous imprisonment for two years and a fine of Rs. 500/-, in default to undergo rigorous imprisonment for another six months,2. The. prosecution case is that on 13-6-54, Sri G, C. Datta, Special Assistant Excise Inspector of Lumding (P.W. 6), who was on duty at the Lumding Railway Station with other members of his staff, noticed the petitioner getting down from the 513 Up Passenger Train when it steamed into the station at about 1 A.M. in the morning. On getting (liowo, the petitioner summoned two porters to carry his luggage which consisted of a mango basket, a hand-bag and a bedding. The hand-bag and the bedding were carried by one porter while the mango basket was carried by another. The Excise Officer challenged the petitioner and wanted to search his effects.Nothing ...


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