K.SUBBA RAO, J.

(1) THIS is an appeal by certificate granted by the High court of Judicature for the State of Rajasthan under Art. 134 (1) (c) of the Constitution against its judgment dated 20/9/1957, confirming that of the Munsif-Magistrate, Hinduan, acquitting the appellant of the charge under S. 353 of the Indian Penal Code.

(2) THE material facts lie in a small compass. The Deputy Superintendent of the Central Excise, having his head-quarters at Bharatpur, received information that one Sulled and his son, Rehman, the respondent herein, had cultivated tobacco but had not paid the excise duty payable thereon. On 9/9/1953, the Deputy Superintendent, accompanied by an Inspector of central Excise, a sepoy, a chowkidar and two motbirs, went to the house of Rehman at 2 p.m. with a view to search his house to find out whether he had stored tobacco there. When they declared their intention to do so, the respondent and one Dhamman, it is alleged, obstructed the making of the search; with the result that the Deputy Superintendent fell down and received some injuries. The respondent and Dhamman were prosecuted, and the Munsif-Magistrate, Hinduan, discharged Dham