Queen-Empress vs Pukot Kotu and Others

The District Magistrate appears to have had no ground for his finding that the Sub-Inspector acted irregularly in making the search. But

assuming the Magistrate''s finding had been correct, the irregularity would have afforded no justification for the defendants'' acts.

When the Magistrate states that the defendants were ''justified'' in their resistance, we presume he means by the right of private defence (for we

can conceive of no other justification), but the Magistrate has overlooked the provisions of the first and second clauses of Section 99 of the Penal

Code, which do not allow of the exercise of that right when an act such as this is done by a public servant or under the direction of a public servant

which the Sub-Inspector was.

We must therefore reverse the District Magistrate''s order of acquittal and direct that the appeal be restored to the file and heard and disposed

of upon its merits. Ordered accordingly.