HABIB AHMAD Vs. STATE
LAWS(ALL)-1965-10-30
HIGH COURT OF ALLAHABAD
Decided on October 29,1965

HABIB AHMAD Appellant
VERSUS
STATE Respondents


Referred Judgements :-

EMPEROR V/S. BASANT LAL [REFERRED TO]
QADIR V/S. STATE [REFERRED TO]
SAGAR GHAND AND ORS. V/S. STATE OF U.P [REFERRED TO]
LEELA RAM V/S. EMPEROR [REFERRED TO]
LACHI RANI V/S. EMPEROR [REFERRED TO]


JUDGEMENT

G.B. Capoor, J. - (1.)This application in revision and applications in revision Nos. 822 of 1964, 564 of 1964, 690 of 1964 may conveniently be dealt with together as a common question of law arises in all of them. The application in revision No. 564 of 1964 is directed against an appellate order of the learned Sessions Judge, Mathura and the remaining revision petitions arise out of appellate orders of the learned Sessions Judge, Saharanpur. The appeals preferred by the Appellants were dismissed by the appellate orders referred to above.
(2.)The facts leading to the prosecution of Habib Ahmad who has filed original revision No. 395 of 1964 were that on 15th May 1963 Head Constable Muzammil Hussain received information that the aforesaid applicant who was a sattawala would be going towards Mohalla Hiran maran and accordingly he collected some witnesses from a hotel and waited near the Kumar Talkies. At about 1 P.M. on the same day, the aforesaid applicant happened to pass that way. He was made to stop and as a result of the search of his person, two sstta parchas Exts. 1 and 2, a piece of pencil and a sum of Rs. 4.50 nP. were recovered from his posses -sion. The satta parchas were duly sealed and as a result or investigation, the aforesaid applicant was prosecuted.
(3.)Criminal Revision No. 822 of 1964 has been filed by Om Prakash alias Omi, Peare Lal and Chaman Lal. The prosecution -case was that on 19th of August 1963 at about 6.30 P.M. Head Constable Raj Singh of outpost Nawabganj received information that Om Prakash was accepting satta parchas and cash from Peare Lal. Along with three non officials the Head Constable proceeded to the place where the satta parchas were to be handed over to Om Prakash. As soon as Peare Lal handed some papers and money to Om Prakash, the raiding party which had taken cover behind a room rushed forward and arrested the aforesaid applicants. As a result of search three satta parchas and Rs. 50/ - were recovered from the possession of Omi, five satta parchas and some cash were recovered from the possession of Chaman Lal.
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