JUDGMENT

Stuart, J. - The facts are as follows: A raid was made on a gaming house and certain men were arrested. The Police seized, amongst other things, the money that they found on the persons of the men arrested and also what is vaguely described in the search list as "two anna and four anna bits which were found under the thigh of Ram Sakhi Ram"--these are the words of the search list. The Magistrate, who tried the case, does not appear to have determined whether the latter money was on the person of Ram Sakhi Ram or on the ground. From the wording of the search list it is not clear whether Ram Sakhi Ram was or was not sitting on the heap of coins and trying to conceal them. Further the Police failed to note how much money was in the heap. It is unfortunate that the learned Sessions Judge, while endeavouring to put right what he considered to be an error of the Magistrate, has failed to examine the facts in detail or in the light of the decision of Lindsay, J., in Tulla v. Emperor 54 I.C. 250 : 17 A.L.J. 368 : 41 A. 366 : 1 U.P.L.R.(A) 161 : 21 Cri. L.J. 42 He quotes the decision but does not appear to have grasped the meaning of it. Lindsay, J., laid down that u/s 8, Act III of