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Issues involved: Conviction u/s 34 of Mysore Excise Act based on search without compliance with statutory provisions.
Judgment Summary: The appellant was convicted u/s 34 of the Mysore Excise Act for possessing liquor found in a car he was driving. The appellant's counsel argued that the search conducted by the Excise Inspector was without jurisdiction as it did not comply with the provisions of section 54 of the Excise Act. The Supreme Court agreed with this contention, emphasizing the importance of statutory safeguards for citizen's liberty. The Court noted that the Excise Inspector failed to record grounds for reasonable belief before searching the car, thus violating section 54. The High Court's dismissal of this legal issue was criticized for not analyzing the impact of sections 53 and 54, which are crucial safeguards against unfounded prosecution. Despite the argument that the word "place" does not include a car, the Court clarified that the definition of "place" under the Act encompasses a vehicle like a car. As a result of the non-compliance with section 54, the search was deemed without jurisdiction, leading to the appellant's acquittal as the conviction was set aside. Conclusion: The appeal was allowed, and the appellant was acquitted of the charges.
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