( 1 ) THE accused Norendra Nath Mozumdar was charged by the Presidency Mag. Calcutta on 25-11-1950 Under Section 19 (f) read with Section 19 A, Arms Act for having on 13-6-1950 in his possession or under his control without the necessary licence one Colt Automatic. 32 bore pistol and also charged Under Section 19 (f), Arms Act for having on the same day in his possession or under his control without the necessary licence 4 rounds of cartridges of. 32 bore. On these charges the accused was committed by the Mag. for trial in the H. C. Criminal Sessions.

( 2 ) THE total evidence on the point of possession or control on which the accused has been committed for trial is this. The accused was arrested on 13-6-1950 and was already in custody at Lalbazar. Pursuant to some statement made by the accused the police expected to recover a pistol from his house. The accused took S. I. , D. P. Roy and Samar Ghosh from Lalbazar Police Station to his house at 42 B, Ram Dulal Sarkar Street. The accused took the Police to his bedroom and himself looked into different parts of that bedroom searching to find out something. But that something was not found. He failed to find the pis