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Judgment
5 paragraphs · 97 words
Horwill, J.—I find no reason to interfere. A statement by an accused person that the offence committed by him is a more serious one, not
triable by the Magistrate, does not deprive the Magistrate of jurisdiction unless the prosecution accept the truth of that statement or the Magistrate
is of opinion that it is true. As the accused was found in possession of wash, the presumption set out in Section 64 operates and the accused is
presumed to have committed an offence punishable u/s 55 of Act I of 1886.
2.
The Criminal Revision Petition is dismissed.