Himachal Pradesh Court February 1956 Judgments
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State of Himachal Pradesh Vs. Booti Nath
Court: Himachal Pradesh
Decided on: Feb-23-1956
Reported in: AIR1956HP26,1956CriLJ747
Ramabhadran, J.C.1. These are two appeals by the State of Himachal Pradesh under Section 417, Cr. P. C., against the orders of acquittal passed by Sri Devkinandan Magistrate first class, Nahan, in cases 26/3 and 27/3 of 1953 under Section 19(f), Arms Act, and Section 9, Opium Act, 1878, respectively. The appeals arise under the following circumstances:2. On 31-3-1953, the Ambala police, with the assistance of Nahan police, searched a house situated in Mohalla Rani Tal, Nahan Bazaar, said to be the property of Booti Nath, respondent. It was alleged that a 303 rifle along with 49 live cartidges were recovered from that house, in addition to hill opium, weighing 8 seers 13 chhataks, vide recovery memo. Ex. P. A. On the basis of these recoveries, two cases were started against the respondent, one under Section 19(f), Arms Act, and the other under Section 9, Opium Act, 1878. The cases were tried by Sri Devkinandan, Magistrate first class, Nahan. Although the two offences were tried separate...
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