Judgment

SARKARIA, J.:- This appeal by special leave is directed against a judgment, dated March 5, 1971, of the High Court of Calcutta. The facts are as follows:

2. Abani Maity, respondent herein, and three other persons were tried by the Magistrate, First Class, Alipore, District 24 Parganas, in respect of a charge under S. 46 (a) of the Bengal Excise Act 1909 (hereinafter referred to as the Act).

3. In the night of July 29, 1963, at about 7.30 p.m., the Excise staff intercepted Motor Car No. WBD 8169 at village Rajpur, Police Station Sonarpur. The car was searched and thereupon 199 kgs. 700 grams contraband Ganja was recovered from inside the car. The respondent, Abani Maity, who was the registered owner of the car, and held a driving license, was himself on the steering wheel. Abani Maity and the three other occupants of the car were arrested. After completing the investigation, a charge-sheet was submitted against Abani Maity and his companions in respect of an offence under S. 46 (a) of the Act.

4. During the trial, out of the accused, Robin, died, Kalipada absconded; and the case proceeded only against Abani Maity and his co-accused, Mihir Bose.

5. The Magistrate, ultimately, by