ISRAIL KHAN Vs. THE STATE
LAWS(GAU)-1951-1-1
HIGH COURT OF GAUHATI
Decided on January 05,1951

Israil Khan Appellant
VERSUS
THE STATE Respondents


Referred Judgements :-

PUNIYA SYAMALO V. KING EMPEROR [REFERRED TO]
'CHINTARAONI V. JAGANNATH' [REFERRED TO]
'PONNAPPA IYENGAR V. RAMANUJA' [REFERRED TO]
SHEONANDAN PRASAD SINGH V. EMPEROR [REFERRED TO]
EMPEROR V. JAMNADAS [REFERRED TO]
'BALKRISHNA HARI V. EMPEROR' [REFERRED TO]
KAVASJI PESTONJI DALAL VS. RUSTOMJI SORABJI JAMADAR [REFERRED TO]
BRAJNANDAN SHARMA VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

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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