Decided on January 05,1951

Israil Khan Appellant
THE STATE Respondents


Ram Labhaya, J. - (1.) THE petnr. Israil Khan @ Babua was ordered to be externed from the Province of Assam for a period of five years by the order of the Mag., 1st Class, Dibrugarh, dated 18 -8 -1949. On appeal, the learned Ses. J., UAD, modified the order of externment by reducing the period of externment from 5 to 3 years.
(2.) THE petnr. has assailed the correctness of the orders of the Cts. below on several grounds by a petu. Under Sections 435, 439 and 561A of the Cr. P. C Briefly stated the facts are that the proceedings were initiated on a report dated 21 -1 -1949 from the Inspector of Excise, Dibrugarh, to the Dist. Mag. The report was to the effect that Israil Khan was by habit a smuggler of opium. He was importing opium from outside the Province & selling it to local retailers. His house had been searched on a number of occasions on suspicion but nothing incriminating was found as the result of these searches. It was further stated that he had secret places for storage of opium & had been selling it to his trutsted dealers. He had a car for transport of opium to different places. Action, therefore, was prayed for against him Under Section 16 & in the alternative Under Section 11, Assam Opium Prohibition Act XXIII (23) of 1947.
(3.) A protracted inquiry folld. No less than 106 witnesses were examined in support of the prosecution case. Israil Khan produced 61 witnesses in his defence. As a result, an externment order Under Section 17 of the Act was passed as stated above.;

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