Hemeon, J.

[1] The applicant Maganbhai of Gondia was convicted and sentenced to undergo 4 months' rigorous imprisonment under Section 353, Penal Code by the Second Class Magistrate, Gondia; and in appeal, the appellate Magistrate, Bhandara, affirmed the conviction but replaced the sentence by a fine of Rs. 500/ -. The applicant has now come up in revision to this Court.

[2] The prosecution case was, briefly stated, as follows. On 1. 11. 1950, V. N. Kukde (P. W. 6) , Sub-Inspector. Central Excise, went, in accordance with the Superintendent's direction, to the applicant's godown in order to verify the stock of tobacco in it before issuing a permit for removing that commodity from it. When he met the applicant and apprised him of this, the applicant asked him to produce a written order from the Superintendent and refused to weigh the stock. V. N. Kukde then asked him to accompany him to the Superintendent, but he became angry and announced that he would not do so or weigh the stock, V. N. Kukde in formed him that unless the weighments were made, a fresh permit would not be issued and the applicant gave an angry answer. V. N. Kukde accordingly returned to the Superintendent to