This is a criminal revision case which has been filed against the-conviction and sentence of the learned District Magistrate, Visakhapatnam, in C.A.No. 30 of 1951, confirming the conviction and modifying the sentence in C.C.No. 1046 of 1950, Sub-Magistrate, Visakhapatnam.

2. The facts are: The petitioner-accused before us was the Head Establishment Clerk, D.T.O.‘s office, Bengal-Nagpur Railway. He is an elderly man who is suffering from heart trouble and is also said to be otherwise sickly. This accused has got a grown up son who has been examined as D.W. 4 in this case and that son’s wife is one Jayalakshmi, who has not been examined. The accused and his son and daughter-in-law all lived in the same house and the evidence is that they are undivided and the accused is the tenant of that house. It is in these circumstances that the following incident took place.

3. P.W. 1, Sri G.N. Brahma, who is the Inspector of the Special Police Establishment of the Government of India with heardquarters at Puri on information received in regard to certain other matters, with which we are not concerned here and which might well be guessed, obtained a search warrant from the District Magistra