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 S. 61-A of the East Bengal and Assam Excise Act-hereinafter called the Act- and applicant No. 2 was convicted under S. 53 (1) (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 war­rant searched the Broadway Hotel and restaurant in­cluding .its kitchen and recovered one bottle of Hey-ward's brandy, one kettle containing liquor, one bottle containing about a dram of Heyward'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 ounces of Hey­ward's wh