ORDER

Sinha, J. - Mohammad Siddiq and his son Latif have come to this Court in revision against an order of the learned Sessions Judge of Saharanpur affirming the judgment of a learned Magistrate of the first class, by which he sentenced the former to rigorous imprisonment for nine months and the latter to a fine of Rs. 100 and in default, to rigorous imprisonment for six months.

2. The charge against them was that a large quantity of melted fired bullets, empty cartridge cases, some live cartridges and some other goods were recovered from the possession of the accused. Mohammad Siddiq admitted the guilt and admitted the possession of the articles. He further stated that his son, Latif, lives separate from him. The learned Magistrate disbelieved this story of separation and passed the sentences mentioned above. This story did not commend itself also to the learned Sessions Judge. He affirmed the conviction.

3. The learned counsel contends that Latif, who is, as appears from the evidence, still in his teens, cannot even on the findings of the Courts below, be held guilty. Section 3 of the Military Stores (Unlawful Possession) Ordinance 33 [XXXIII] of 1943 says :

Whoever is found or is p