Judgment

DAS GUPTA, J.: The only question for decision in this appeal is whether the appellant s prosecution was barred by the special rule of limitation in S. 161(1) of the Bombay Police Act, 1951.

2. In February 1954, the appellant was employed as a Head Constable at the Kalkeri outpost attached to the Hippassagi Police Station. On February 23, 1954, the appellant, went to Budhihal Road on receipt of information about the smuggling of Ganja from the then Hyderabad State to Kalkeri and at about 2 or 3 p. m. actually caught one Nabi Sab Kembhavi with a bundle containing 15 packets of Ganja. These 15 packets of Ganja were seized and fur this seizure the appellant prepared a Panchnama in which however he incorrectly showed the seizure of 9 packets of Ganja only. On February 24, 1954, it is alleged the appellant had a new Panchnama prepared in which it was falsely recited that a person who was coming towards the village of Budhihal ran away on seeing the panchas and the Havaldar, after throwing away a bundle and this bundle was found to contain 9 packets of Ganja weighing one tola each. the date in the Panchnama was mentioned as February 23, 1954. A report to the same effect was also pr