JUDGMENT :

L. Rath, J. - The Petitioners, who were convicted u/s 47(a) of the Bihar and Orissa Excise Act on their own admission of guilt and sentenced to RI for six months and fine of Rs. 20/- each, in default to suffer SI for three days more, and such conviction and sentence having been upheld in appeal, have come before this Court in revision. Assailing the judgments it is the submission of Mr. Kar, the learned Counsel appearing for the Petitioners, that the plea of the accused-Petitioners was accepted by the learned Magistrate on the very day the Petitioners were produced before him without affording them time for deliberation and without giving them a caution regarding the implication of admission of guilt and hence it cannot be said that the Petitioners had voluntarily pleaded guilty to the charge. As per the prosecution report the allegations against the Petitioners were that on 28-1-1936 at about 4-33 p.m the Petitioner No. 1 Rabindra Polei was found possessing 4 Kgs. of NDP ganja kept in a biscuit tin inside fertilizer gunny bag and as handing over the same to the Petitioner No. 2 Dibakar Polei which, at that point of time, was seized by the SI of Excise, Hinjilicut. The le