JUDGMENT

Cuming, J. - This is a rule granted against the order of the learned Additional District Magistrate of Backergunj upholding the conviction of the appellant but reducing the sentence to a fine of Rs. 100. The rule was an open rule. The learned vakil, who appears for the petitioner, has argued that the facts disclosed do not constitute any criminal offence. The facts of the case are as follows:---One Sona Mia, who is the complainant, was taking two cart loads of hide to Daulat Khan Bandar, when the petitioner seized the hides and took them to his own godown. The complainant's case is that he purchased these hides from one Abdul Aziz. The petitioner's case was that he had kept certain hides in Syedpur in charge of Abdul Aziz, and Abdul Ghani in collusion with Abdul Aziz, with whom the petitioner had partnership business, had disposed of these hides to Sona Mia. The Appellate Court found that the hides which were sold to Sona Mia and which Sona Mia was taking to Daulat Khan Bandar, when they were seized by the petitioner, were the property of Abdul Aziz, and that he sold them to Sona Mia; and he held that the petitioner was not If. justified in removing the goods on the ground