Judgment

JUDGEMENT :- In this appeal by Special Leave the appellant has been convicted under S. 34 of the Mysore Excise Act and sentenced to three months rigorous imprisonment and a fine of Rs. 100 for being in possession of 48 bottles of liquor which were recovered from a car which was being driven by the appellant. Mr. Javali appearing for the appellant has raised a short point before us. He has submitted that the Inspector of Excise who searched the car along with the panches had no jurisdiction to do so because he did so without complying with the provisions of S. 54 of the Excise Act. In our opinion, the contention is well founded and must prevail. S. 53 runs thus :

"If a Magistrate, upon information and after such inquiry (if any) as he thinks necessary, has reasons to believe that an offence under S. 32, S. 33, S. 34, S. 36 or S. 37 has been, is being or is likely to be committed, he may issue a warrant-

(a) for the search of any place in which he has reason to believe, that any intoxicant still, utensil, implement, apparatus or materials which are used for the commission of such offence or in respect of which such offence has been, is being, or is likely to be, committed, are