The Emperor vs Mukund Sahu

We have only to point out to the learned District Judge that his attention does not appear to have been called to the Government Notification of November 20th, 1911, which will be found in Part I of the Calcutta Gazette of November 22nd, 1911, at pages 1586 and 1587. In a case decided by us last year on reference made by the Fifth Presidency Magistrate as to whether the possession of 20 grains of cocaine can be allowed with impunity, the judgment was as follows :--"There can be no doubt as to the answer. We were not referred to the Government Notification of November 20th, and we were not aware of its existence. Under the powers conferred by sec. 19, cl. (4), the Notification has the force of law, and it is an offence for any person other than those specified to have any cocaine at all except with a medical man''s prescription and then only 5 grains. In all cases, the burden of proof to show under what authority he obtained cocaine lies on the accused." The learned Judge will, therefore, see that this reference has been made under a misapprehension ; and as we do not feel inclined to interfere in any way with the sentence, the papers must be returned.