JUDGMENT

Young, J. - This is an application in revision from the decision of the learned Sessions Judge of Farrukhabad. The applicant, Mahmud Ali Khan was charged under Sections 60(a)(b) and (f) of the Excirse Act, Section 9(c) of the Opium Act, Section 19 of the Arms Act and Section 332 of the Indian Penal Code before a Magistrate of the first class. He was found guilty by the learned Magistrate and sentenced to one year's R.I. and a fine of Rs. 500 u/s 60(a) of the Excise Act and one year's R.I. and a fine of Rs. 500 under Sections 60(b) and (f) of the same Act. u/s 9(c) of the Opium Act he was sentenced to one year's" R.I. and a fine of Rs. 100. u/s 19 of the Arms, Act he was sentenced to one year's R.I. u/s 332 I.P.C. he was sentenced to four months' R.I, the sentences to run consecutively, making a total in all of four years and 4 months' R.I., and the fines amounted in all to Rs. 1,100.

2. The police by Farrukhabad obtained information that Mahmud Ali Khan was manufacturing in his house on the outskirts of Farrukhabad illicit liquor. The Deputy Superintendent of Police and the Joint Magistrate conducted a raid upon the house of Mahmud Ali Khan. They went there in the morning at 8 o'clock with 50 constables. The house was surrounded, and the entrance door being locked, a constable was detailed to scale the wall of the compound and get into the house. The constable did so and was heard shouting that he was being beaten. Another constable was sent in to assist. One of the constables then opened the door. The Deputy Superintendent and the other constables rushed in. It is alleged that Mahmud Ali Khan was found in the room and when he saw the Deputy Superintendent of Police and the other constables rush in, he attempted to assault the Deputy Superintendent of Police with a lathi. The Deputy Superintendent of Police used a pistol. The bullet fortunately struck the lathi and Mahmud Ali Khan surrendered. A large amount of implements for manufacturing liquor, pots and earthen jars containing liquor in its' various stages of manufacture were found. A well in the house was searched and some liquor was found hidden in it. In a steel box a packet containing 2 tolas, that is, rather less than 1 ounce, of crude opium was discovered^ and hanging on the wall was a coat in the pocket of which six'450 revolver cartridges were discovered.

3. I am satisfied that Mahmud Ali Khan and his brothers, who are not before me, were engaged in_ manufacturing liquor illicitly on a fairly large scale. A large amount of silver coins of small denomination were discovered in the house. These obviously had been obtained from customers for the liquor. There can be no question of Mahmud Ali Khan's guilt with regard to the -charges under the Excise Act.

4. With regard to the charge under the Opium Act, I am in doubt. It has been admitted by the police and the Magistrate that the search of the constables and the search witnesses was not carried out before entering the house. The rule as to this ought never to be neglected. Where an informer, as in these cases under the Excise Act, obtains a substantial reward for information leading to a conviction, there is a very great temptation for him, acting in conjunction with the police constables, to plant in the house of a suspected person exciseable articles in order that he may obtain the reward. It is for these reasons, among others, that |the rule has been laid down that every one engaged in a raid of this sort must searched to see that there is not excise able article upon him. Failure to carry [out this rule must give to the defence a very strong argument against conviction. It is also in the interest of the 'public that this necessary rule should be strictly complied with. In this case the amount of opium found in the house was of a very small quantity. Further the six cartridges which were discovered in the jacket hanging upon the wall would not take up much room. It would be a simple matter for anyone to take thi