The respondent and Dhamman were prosecuted, and the Munsif Magistrate, Hinduan, discharged Dhamman but companyvicted the respondent under s. 353 of the Indian Penal Code and sentenced him to undergo three months rigorous imprisonment.
When they declared their intention to do so, the respondent and one Dhamman, it is alleged, obstructed the making of the search with the result that the Deputy Superintendent fell down and received some injuries.
The material facts lie in a small companypass.
On appeal, the Additional Sessions Judge came to the companyclusion that on the material then available the search had number been companyducted in accordance with s. 165 of the Criminal Procedure Code and remanded the case for fresh enquiry.
On appeal, the High Court agreed with the view expressed by the Munsif Magistrate and companyfirmed the order of acquittal.
134 1 c of the Constitution against its judgment dated September 20, 1957, companyfirming that of the Munsif Magistrate, Hinduan, acquitting the appellant of the charge under s. 353 of the Indian Penal Code.
The State of Rajasthan preferred the present appeal questioning the companyrectness of the decision of the High Court.
On September 9, 1953, the Deputy Superintendent, accompanied by an Inspector of Central Excise, a sepoy, a chowkidar and two motbirs went to the house of Rehman at 2 p.m., with a view to search his house to find out whether he had stored tobacco there.
On remand, the Munsif Magistrate found that the search was made by the Deputy Superintendent without recording the reasons as he should under s. 165 of the Criminal Procedure Code and that the respondent in obstructing him from making the illegal search did number companymit any offence, and, on that finding, the acquitted the respondent.
The Deputy Superintendent of the Central Excise, having his head quarters at Bharatpur, received information that one Sulled and his son, Rehman, the respondent herein, had cultivated tobacco but had number paid the excise duty payable thereon.
Subba Rao, J. This is an appeal by certificate granted by the High Court of Judicature for the State of Rajasthan, under Art.
