Court : Jammu and Kashmir
Reported in : 1962CriLJ36
S. MUrtaza Fazl Ali, J.1. This is an appeal against an order passed by the Sub Judge, Magistrate 1st Class, Jammu acquitting the respondent on a charge under Section 48 of the Excise Act.2. The prosecution case was that Hukam Chand Excise Inspector raided the house of the respondent Sangat Singh in bazar Babarian Jammu on 10.1.1958. On search of the house of the accused one locked dabba made of tin and one locked trunk were recovered. These articles were broken and one seer and five chattaks of contraband opium were recovered from both these articles. A challan was presented against the respondent under Section 48 or the Excise Act and the respondent was charged under that section. After both the parties had adduced their evidence, the defence took a preliminary point before the trial magistrate which was to the effect that as the offence alleged was covered not by the Excise Act but by the Opium Act, therefore, the charge must fail. The magistrate accepted the contention of the accuse...
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