JUDGMENT

K.N. Seth, J. - The appeal by the State of U. P. is directed against the order of acquittal passed by the learned Sessions Judge, Gorakhpur, in an appeal filed by Munni Lal against his conviction under section 7/60 of the U.P. Excise Act. The two revisions noted above have been filed by two of the accused persons who were convicted and sentenced to nine months' imprisonment and a fine of Rs. 1,000/-- each under section 60 of the U. P. Excise Act. The order of the trial court was con- firmed in appeal by the learned Sessions Judge.

2. According to the prosecution case, on September 13, 1967 at about 5.15 a.m. an Ambassador Car No. U.S.B. 4418 was stopped by Sri R.C. Chatterji, Excise Inspector at the Temporary Excise Barrier near Nausar Toddy shop, police station Bolipur, district Gorakhpur. Moti Lal, Sheo Bachan, Kanhaiya Lal and Chhedi alias Sami Ullah were found in the oar which was driven by Sami Ullah. There was one Abdul Gaffar also in the oar, who absconded during the trial and his case was sop orated. On search of the car 128 kilograms of illicit Ganja was recovered. The oar belonged to Munni Lal. He along with the accused named above were sent up for trial under sec