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1925 Supreme(Oudh) 48
HIGH COURT OF OUDH
Simpson, A.J.C.
Mohammad Yakub - Appellant
Versus
Emperor - Respondent
Decided On : 15-07-1925
JUDGMENT
Simpson, A J C - This is an application for transfer. The applicant is an excise peon. An excise Inspector searched his house and suggested that he should be prosecuted under Section 60(a) of the Excise Act. The learned District Magistrate asked the Excise Officer to enquire into the matter, and on receiving his report he wrote the following order:
Yakub will be prosecuted under Section 60(a) of the Excise Act. It is quite a clear case and the defence is ridiculous. Case to the Excise Magistrate for disposal. The Government Pleader should conduct this case and press for a severe sentence.
2. The applicant, therefore, applies for transfer. The District Magistrate was duly notified and does not oppose the transfer. I transfer the case to the Court of the District Magistrate of Bahraich, with power to transfer to any competent Magistrate subordinate to him.
