( 1 ) IN this appeal, the appellant/original accused No. 1 has questioned the legality and validity of the judgment and order of conviction and sentence recorded in Summary Case No. 10 of 1988 by the learned Additional sessions Judge (Special Court) of Kheda at Nadiad by invoking the provisions of sec. 374 (2) of the Criminal Procedure Code, 1973 (the Code for short ).

( 2 ) THE brief facts leading to the present appeal are as follows : 2. 1. Both the accused are brothers. Accused No. 2, Siddikbhai Hasanbhai Shaikh, was the owner of the house bearing No. 10/517 situated at Petlad, whose house was raised on 24-9-1987 by Sureshkumar Brahmbhatt, who, at the relevant time, was supply Inspector of Kheda District, camping at Petlad. On that day at about 3-30 p. m. when said Sureshkumar Brahmbhatt was sitting at Circuit House, an unknown person came there and talked with C. G. Patel, Chief Supply Inspector, and gave information with regard to unauthorised storing of 51 tins of palmolein oil in the house of accused No. 2. 2. 2 On receipt of the said information, the Chief Supply Inspector, Supply inspector and one R. D. Meckwan along with Supply Inspector Sureshkumar brahm