( 1 ) THIS is an application in revision filed by Changur who ha3 been convicted under Section 60, clause (a) of Excise Act for being in possession of two seers of contraband Nepali Ganja. He was sentenced to undergo rigorous imprisonment for three months. He appealed but the learned sessions Judge of Gonda upheld the conviction and the sentence. The applicant has come up in revision. It is contended on his behalf that his conviction is bad for the following reasons: (1)that he was arrested not by an Excise Officer but by the villagers belonging to the village defence party and consequently the arrest was illegal; (2) that no report of the Chemical examiner was produced to show that the Ganja recovered was Nepali contraband Ganja; and (3)that the prosecution was initiated by a Sub-Inspector of Police and not by an Excise Officer and consequently the applicant could not be convicted under Section 60 (a), Excise Act.

( 2 ) IT appears that on the night between the 3rd and 4th September 1949, at about midnight the village defence party of village Magoiya saw 8 or 10 men with bundles on their heads. They along with the village Chaukidar chased these persons and caught six of