1964 (4) TMI 2 - HC - Central Excise

Summary

Issues Involved:
1. Legality of the search conducted by the excise party.
2. Justification of the accused persons' resistance to the search.
3. Validity of the charges under sections 147 and 353 of the Indian Penal Code.
4. Appropriateness of the trial court's conviction and sentencing.

Issue-wise Detailed Analysis:

1. Legality of the Search Conducted by the Excise Party:
The excise party's actions were scrutinized to determine whether they were lawful under Rule 197 or Rule 201 of the Central Excise Rules. The court noted that Rule 197 allows authorized officers to inspect premises without a search warrant, but only for verifying returns or collecting information required under the Act or Rules. Rule 201, however, requires a search warrant for entering and searching premises suspected of storing contraband. The court found that the excise party's actions were not covered under Rule 197 as their intent was to detect contraband tobacco, necessitating compliance with Rule 201 and Section 165 of the Code of Criminal Procedure, which they failed to observe. Thus, the search was deemed illegal.

2. Justification of the Accused Persons' Resistance to the Search:
Given the illegality of the search, the court held that the accused persons were justified in resisting the excise party. The excise officers were not discharging their official duties according to law, and any obstruction by the accused did not amount to obstructing public servants in the lawful discharge of their duties. Therefore, the charge under section 353 of the Indian Penal Code could not be sustained.

3. Validity of the Charges under Sections 147 and 353 of the Indian Penal Code:
The charge under section 353 was dismissed due to the illegal nature of the search. However, the charge under section 147, which pertains to rioting, was upheld. The court found that the respondents formed an unlawful assembly with the common object of assaulting the excise officers. Despite the failure to prove the obstruction of public servants in lawful discharge of their duties, the evidence showed that the respondents assaulted the officers, thus justifying the charge under section 147.

4. Appropriateness of the Trial Court's Conviction and Sentencing:
The trial court had convicted the respondents under sections 147 and 353 of the Indian Penal Code and sentenced them to one year's rigorous imprisonment on each count, to run concurrently. The Additional Sessions Judge had set aside this conviction. The High Court, however, restored the conviction under section 147 but reduced the sentence to six months' rigorous imprisonment for each respondent, considering the circumstances of the case. The acquittal under section 353 was confirmed.

Conclusion:
The High Court upheld the conviction of the respondents under section 147 of the Indian Penal Code, sentencing them to six months' rigorous imprisonment. The acquittal of the respondents under section 353 was confirmed, and the respondents were directed to surrender to serve out the remaining period of their sentences.