1. THIS is an appeal by the Commissioners for the port of Calcutta and others against the judgment and order of A.K. Sinha, J. dated September 7, 1971 whereby the C.R. No. 1340 (W) of 1968 was made absolute. The facts, according to the petitioner are as follows: the petitioner was appointed a driver under the Port Administration since August, 1944 and worked in a lorry under the direct supervision of a mate. On November 29, 1964 the petitioner was booked in Conservancy Lorry no. WBL-2144 under the disposal of the Health Office. At about 7 a. m. he reported to the Health Office and was directed to drive as per instruction of the Mate Dasarathi Sarkar, first to howrah Bridge area and then at 'a' dock, Kidderpore at about 10 a. m. The mate and his men boarded the lorry. As the lorry was passing through Gate no. 9 towards dumping ground, it was stopped by a police constable on duty, and on search two polythene bags containing polythene granules were found in the garbage of the lorry. The petitioner, the Mate and four coolies were arrested and thereafter in due course placed on trial before the Presidency, magistrate, Fourth Court, Calcutta on a charge under section 411 of the I