Judgment

B. K. MUKHERJEA J. : This appeal, which has come before us on special leave, is directed against a judgment of a Division Bench of the Allahabad High Court dated the 27th November 1951 by which the learned Judges reversed, on appeal, an order of acquittal made in favour of the appellant by Mr. Srivastava, Magistrate, First Class, Meerut and converting it into one of conviction under section 161 of the Indian Penal Code, sentenced him to rigorous imprisonment for a term of 18 months.

2. The appellant is an Excise Inspector under the U. P. Government and was posted at Baghapat Circle of Meerut at the relevant time. The complainant Ghammanlal is a licensed vendor of liquor and drugs in the same area and at the material time he and his brothers had licences for ten shops, seven for the sale of liquor and three for the sale of drugs.

The prosecution story is, that on the 22nd March 1948 Ghammanlal approached the appellant with an application, praying, that the latter might recommend him to draw 50 gallons of liquor and 2 seers of Ganja from the bonded warehouse and godown, in view of the Holi festival that was approaching. The accused, it is said, recommended only 8 gallons of liq