Kuppuswami Ayyar, J.

1. The appellant has been convicted by the learned Sessions Judge of Kistna for an offence punishable under Section 5 of Act VI of 1908 and sentenced to transportation for 5 years. He was charged also for having committed an offence under Section 4 of that Act but he has been acquitted in respect of the same.

2. The Reserve Police Force which was temporarily located at Bezwada was housed in temporary huts by the side of the Bandar canal. On 15th November, 1942, even before the huts were completed, a corner in the line caught fire. On pulling down the palmyra leaves from the roof, two cotton balls were noticed each J an inch in diameter. The balls were suspected to be phosphorus balls. On 6th December, 1942, when a sentry was keeping watch, he saw fire breaking, out from the eastern side of the police line at 5-30 p.m. At 3 p.m., on 7th December, 1942, the house of the accused was searched in which several articles were found, M. Os. i to 17, viz., a Congress flag, an earthern tub, a dirty black cotton, a cigarette tin containing yellow powder, another containing grey powder and a third containing chocolate powder, a cigar lighter with a rope foil, an empt