Law: Criminal Procedure Code (V of 1898)

Section: 235

(Criminal Procedure Code (V of 1898)].......S 235 (1)� Expression "same transaction"-Meaning of-Whether distinct offences form part of "same transaction"-Depends on facts of each particular case.The expression "same transaction" is not defined in the Criminal Procedure Code, it having been pointed out by various High Courts that the word "transaction" is by its very nature. incapable of exact definition. It is, however, now well settled that the real and substantial test for determining whether several offences are so connected together as to form one transaction is whether the offences are so related to one another in point of purpose, or as cause and effect, or as principal and subsidiary acts, as to constitute one continuous action. Therefore the question whether distinct offences form part of the same trans�action is one, the answer to which must depend on the facts of each particular case. Emperor v. Sherufalli 27 Bom. 135 ; Palaki Dandapani Patro , v. Emperor A I R 1945 Pat. 293 ; Emperor v. Nga Lu Gale 19 Cr. L J 34 and Bali Sahu v. Emperor 44 I C 974 ref:Bankey Lal v. Emperor A I R 1942 Oudh 462 and Onkar Singh v. Emperor A I R 1934 Oudh 457 dissented from.(b) Joint Trial---------Test to determine illegality or otherwise of �Punjab Excise Act (I of 1914), S. 61-Opium Act (1 of 1878), S. 9.In determining the question of illegality or otherwise of a joint trial what is to be looked to is not the evidence led or even the charge framed but the accusation leading upto the charge.Where in the same raid of a house charas and non excise opium were recovered, joint trial under section 61 of the Punjab Excise Act (I of 1914) and section 9 of the Opium Act (I of 1878) was held legal under the circumstances of the case. Bashir v. The Crown P L D 1955 Lah. 70 ; S. M. K. Alvi v. The Crown P L D 1953 F C 189 ; Muhammad Khan v. The Crown P L D 1953 Lah. Ata Muhammad Khan v. The Crown P L D 1950 Lah. 41 and Noor Din v. The Crown P L D 1952 Lah. 185 ref.(c) Illicit article, possession of-----Continuing offence.Possession of an illicit article is a continuing offence, and the essential fact is not the acquiring of possession, but the possession…