S.S.DEWAN, J.

1. The primary question for determination in this revi-sion is whether the non-compliance with the provisions of S.100(4) of the Cri.P.C., 1973 would render the search illegal.

2. Karnail Singh petitioner was convicted under S.61(1)(c) of the Punjab Excise Act and sentenced to one years rigorous imprisonment and a fine of Rs. 5000.00 by the Judicial Magistrate, Patiala. On appeal, the learned Sessions Judge, Patiala, while maintaining his conviction, released him on probation for a period of two years but ordered him to pay Rs. 300.00 as costs of the pro-ceedings. Feeling aggrieved with the order, he has now come up in revision.

3. The accusations against the peti-tioner as appearing from the impugned judgments were that on 29th July, 1979, on receipt of secret information. Inspec-tor Kasturi Lal formed a raid party by joining with him Excise Inspector Gurmel Singh and an independent person Ram Asra from Samana. The petitioner was surprised at his house situated in Samana and was found working a still for distillation of illicit liquor. He was apprehended and taken into custody. The still was cooled and dismantled and its component parts as usual were taken in