Search warrant doubts did not defeat conviction where possession of excisable cocaine and surrounding facts proved the offence.

Possession of cocaine, treated as an excisable article, without licence and with knowledge of unlawful import and non-payment of duty was sufficient to make out the offence under Section 63 of the United Provinces Excise Act. Although the legality of the house search was regarded as doubtful and a search warrant should ordinarily have been obtained beforehand, the Court held that discovery of the article in the accused's house and the surrounding facts supported the conviction. The conviction was restored, the appeal was allowed, and the acquittal was set aside.

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Issues: Whether the accused's conviction under Section 63 of the United Provinces Excise Act, No. IV of 1910 could be sustained notwithstanding the objection to the search of his house and the absence of a search warrant.

Analysis: The offence under Section 63 was made out when the accused was found in possession of cocaine, an excisable article, without licence and with knowledge that it had been unlawfully imported and that the prescribed duty had not been paid. The legality of the search was treated as doubtful, but the Court held that the finding of the article in the accused's house and the surrounding facts were sufficient to support the conviction. The Court also observed that, where a house search is necessary in such a case, a search warrant should ordinarily be obtained beforehand.

Conclusion: The conviction was restored, the appeal was allowed, and the acquittal was set aside.

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