( 1 ) THE applicant Swami Dayal was employed as a, gaternan at a Eailway level crossing at Gunti no. 251/c near Motiganj Railway Station. During the night between 15 and 16--1949, a police party headed by the Circle Inspector Shri Sukhbir Singh went in search of some dacoits to village Nibhwa. They had an encounter with the dacoits who fled away and were chased. In the early hours of the morning the police party happened to pass by the outpost where the accused swami Dayal was posted. The Circle Inspector made a search of the room occupied by the accused and recovered a country made pistol (EX. II) from there in the presence of the search witnesses. Thereupon the applicant Swami Dayal was prosecuted under Section 19 (f), Arms act.

( 2 ) THE accused admitted that the room from which the pistol was alleged to have been re-covered belonged to him. According to his state, ment, nothing incriminating was recovered from the room and the case was launched against him as a result of his enmity with the police.

( 3 ) THE trial Court found the accused guilty but in view of the fact that the pistol recovered was not in full working order passed a sentence of only two months rigorous i