A.N.GROVER, J.

(1) THREE persons, Bechu Singh, Tej Bahadur Singh and Bans Bahadur Singh, were convicted by a Magistrate, First Class, Bara Banki, under Section 9 of the Opium Act. A sentence of two years rigorous imprisonment and payment of fine of Rs. 2,000.00 was imposed on each one of them. In de- fault of payment of fine it was directed that each would have to undergo rigo- rous imprisonment for six months. The Sessions Judge on appeal acquitted Bans Bahadur Singh but confirmed the conviction and the sentence of the other two. The High court dismissed the petition for revision filed by Bechu Singh and the appellant Tej Bahadur Singh. The present appeal has been filed by special leave by Tej Bahadur Singh alone.

(2) THE facts may bestated. On 14/06/1963, Sarkar, P. W. I, Deputy Superintendent central Excise, received information that the appellant and the two others were carrying on smuggling of opium on a large scale and that they had a huge stock of that article at their house in village Birapur. Sarkar organised a raiding party and on 15/06/1963, went to village Birapur. Two persons Vishum Parag and Manak Saran joined the party on the way. The raiding party arri