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PETITIONER: KEKI BEJONJI AND ANOTHER
Vs.
RESPONDENT: THE STATE OF BOMBAY.
DATE OF JUDGMENT: 18/11/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SUBBARAO, K. DAYAL, RAGHUBAR
CITATION: 1961 AIR 967 1961 SCR (2) 515 CITATOR INFO : RF 1972 SC2058 (10)
ACT: Criminal Trial-Search-Recovery of articles-Denial of all knowledge of articles recovered--No questions Put on articles recovered-accused, if Prejudiced-Presumption- Servant in Premises of master-Whether in Possession of master’s goods-Code of Criminal Procedure, 1898-(V of 1898), s. 342-Bombay Prohibition Act, 1949 (Bom. 25 of 1949), ss. 65(b), 65(f), 66(b).
HEADNOTE: During the search of the premises of the appellant No. 1 a complete working still was found which was being worked by the appellant No. 1 and his servant, appellant No. 2. The presidency Magistrate was satisfied that a working still and 516 illicit liquor were found. The appellant No. 1 was examined under section 342 of the Code of Criminal Procedure, he volunteered the statement that he did not know anything of the contraband seized by the police ; so no specific question about the still and other articles recovered from his premises were put by the Presidency Magistrate who convicted the appellants under ss. 65(b), 65(f) & 66(b) of the Bombay Prohibition Act, relying on the facts of the recove...