JUDGMENT

Pal, J. - These two rules were issued by this Court on the petition of the two accused persons calling upon the Deputy Commissioner of Lakhimpur to show cause "why the order of conviction and sentence complained of in the petition should not be set aside or such other or further orders made as to this Court may seem fit and proper." The petitioner in Criminal Revision No. 595 of 1941 is Naresh Das who has been convicted u/s 9(c), Opium Act, and sentenced to undergo rigorous imprisonment for six months. The petitioner in. Criminal Revision No. 646 of 1941 is Sundar Singh who has been convicted u/s 9 (a), Opium Act, and sentenced to undergo rigorous imprisonment for one year. The prosecution case is that on 5th September last at about 10.30 p. m. the officer-in-charge of Tinsukia Police Station B.B. Dam, happened to be on patrol duty at Bansbari on his way back from Panitola. He saw taxi cab No. A.S.L. 168 proceeding towards Tinsukia from the direction of Dibrugarh. According to previous information he suspected that opium might be carried in that taxi cab. Accordingly he returned to the thana and proceeded in the direction of Makum accompanied by A. S. I., G. C. Das, and two