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Judgment
The rule referred to in the letter of the District Magistrate is made under the power conferred by Section 29(n) of the Abkari Act of 1886 and is
within the powers conferred by that section.
Under this rule the Magistrate who adjudged the confiscation has power to direct that the confiscated article may be sold or destroyed.
We are of opinion that the sale may reasonably be construed as not only authorising the Magistrate to direct the sale of the article, but as also
authorising him to give directions as to the mode of sale.
The order of the Magistrate in the case referred to us purports to have been made u/s 517 of the Code of Criminal Procedure. We do not think
the order can be supported as an order under the powers conferred by that section.