Public Prosecutor vs Munusami Mudali

Jackson, J.—This is an appeal against an acquittal. Accused was acquitted for an offence u/s 224, I.P. C, because his arrest in his house by a searching abkari officer was held to be illegal.

The point taken by the learned Public Prosecutor is that u/s 30, Act i of 1886, the Collector may issue a warrant authorizing a search, and u/s 31 an abkari or police officer of a certain rank after recording reasons may search. The officer in the latter case u/s 31 may, if necessary, arrest, but, though the person to whom a warrant is given, may be an officer of the same rank, he is not authorized u/s 30 or any other section to arrest. It is anomalous that an officer armed with nothing more than his own report can arrest, and an officer armed with a regular search warrant cannot arrest.

I fully see the anomaly,.but I am unable to read the Act so as to avoid it. The Act seems to be badly drafted.

In these circumstances, the acquittal must stand. The appeal is dismissed.