JUDGMENT : The appellant has been convicted under Ss. 471 and 473 read with Ss. 466 and 474, I.P.C. and has been sentenced to two years R. 1. and a fine of Rs. 500 for each of the two offences. He has also been convicted under S. 9 of the Central Excises and Salt Act, and sentenced to six months' R. I. The sentences were directed to run concurrently.

2. It was alleged that the appellant was caught travelling in a truck in which he was trying to carry some contraband tobacco without the required permit, on 9th of June, 1960, at about 11.30 p.m. Information had been received by Sri C.P. Anand (P.W. 1), Superintendent, Central Excise, Kannauj, who was camping at Gursahaiganj, that a truck loaded with tobacco, on which no duty had been paid, was to be found in Chhibramau Tahsil, in district Farrukhabad, coming from Purabhoj on the Grand Trunk Road. Consequently, the Superintendent of Central Excise arranged two parties, one headed by Sri R.D. Kapil and another by Sri A.M. Warse. The party of Sri R.D. Kapil was posted at Gursahaiganj Railway Crossing and the party of Sri A.M. Warse was directed to proceed to Furabhoj. Information was also sent to Sri S.P. Bakshi, Deputy Superintendent,

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