I series was recovered from the possession of the driver Jagdish Sah 5 that every key of Ex.
2 series was recovered from the pocket of the appellant and another bunch of keys marked Ex.
Appeal by special leave from the judgment and order dated January 20, 1961 of the Patna High Court in Criminal Revision No.
2 series companyld also open the lock.
S.R. Chari, M.K. Ramamurthi, R.K. Garg, S.C. Agarwala and P. Singh, for the appellant.
Goburdhan, for the respondent.
F and the evidence of the Excise Inspector and P. W. 2 Debendra Prasad Singh.
The Excise Inspector searched the car in the presence of three witnesses Debendra Prasad Singh P.W. 2 , Paresh Nath Prasad Singh P.W. 3 and Rabindra Prasad Singh W. 4 and recovered from the car five bundles of number duty paid Nepali Ganja.
Thus his defence is that he was falsely implicated by the Excise Inspector.
In order to establish this, the prosecution has relied on the seizure memo Ex.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
April 4.
According to the prosecution four of them were recovered from the luggage boot of the.
I series companyld open the lock of the luggage boot and two keys of Ex.
The judgment of Subba Rao and Mudholkar J. was delivercd by Mudholkar J. Dayal J. delivered a separate judgment.
MUDHOLEAR J. In this appeal by special leave from the judgment of the Patna High Court affirming the companyviction of the appellant under s. 47 a of the Excise Act and the sentences of rigorous imprisonment for one year and of fine amounting to Rs.
Four other persons were sitting on the back seat.
P. W. 3 Paresh Nath Prasad Singh and P. W. 4 Rabindra Prasad Singh.
125 of 1961.
1274 of 1960.
2,000 awarded by the Judicial Magistrate First Class, Patna, the substantial question which falls for decision is whether a companyfession made by the appellant and recorded by the Excise Inspector who was investigating the case is inadmissible by reason of the provisions of s. 25 of the Indian Evidence Act, 1872.
WBC 562 was stopped by the Excise Inspector, R.R.P. Sinha P.W.1 on the Bayley Road, near the New Secretariat, Patna, at 10.00 p.m. The car belongs to the appellants brother Radhey Shyam but he was number at that moment in the car.
the luggage boot of the car and one from the leg space in front of the front seat 4 that a bunch of keys marked Ex.
His defence further is that after his arrest R. R. P. Sinha, P. W. I and other officers of the Excise Department took him in a jeep, subjected him to threats and abuses, assaulted him and eventually took his signature on a blank paper.
The evidence of P. Ws.
