G. Mehrotra, J.

[1] This is a revision against the decision of the Sessions Judge, Upper Assam Districts, who confirmed the conviction and sentences passed against the two applicants"Balbir Sing and Inderjit Sing by Sri A. Ahmed, Magistrate, 1st Class at Jorhat. Applicant No. 1 was convicted under Section 61-A of the East Bengal and Assam Excise Act-hereinafter called the Act and applicant No. 2 was convicted under Section 53 (l) (a) of the Act, Each of these two applicants were sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 500/- in default to undergo another period of three months' rigorous imprisonment.

[2] The prosecution case is that on 21-11-54 the Excise Inspector under the authority of a search war- rant searched the Broadway Hotel and restaurant including its kitchen and recovered one bottle of Heyward's brandy, one kettle containing liquor, one bottle containing about a dram of Hey ward's brandy, one bottle containing traces of Heyward's whisky, six empty bottles of Heyward's whisky, rum, brandy, one tumbler with smell of liquor, from the kitchen and from the drawer of the Manager's secretariat table, one bottle containing about 2 1/2 ounce