THAKUR JAINARAIN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave by Thakur Jainarain Singh against the judgment of the Madhya Pradesh High Court affirming on revision the conviction of the appellant under Section 34 (a) of the Madhya Pradesh Excise Act and the sentence of rigorous imprisonment for a period of 18 months and a fine of rupees one thousand or in default rigorous imprisonment for a further period of six months.

(2.) Wali Mohd., Akram and Wazir Singh were also tried along with the appellant. Wali Mohd. pleaded guilty and was accordingly convicted. The other two accused were also convicted along with the appellant by the trial court but we are not concerned with them.

(3.) The prosecution case is that on February 5, 1967 Sub Inspector Nigam (PW 12) was present in front of Ranjit Saw Mill in Khandwa in connection with the collision of a car and a truck. The Sub Inspector then saw Ambassador car No. UPL 6069 coming from the direction of Dhan Mandi. On suspicion the Sub Inspector stopped the car. The car was being driven by Akram accused, while Wali Mohd. and Wazir Singh were sitting on the back seat. On the query of the Sub Inspector, Akram disclosed that he had no driving licence. The Sub Inspector then went near the car and felt the smell of Ganja. The car. was thereupon searched and Ganja weighing 4 1/2 maunds was recovered therefrom. The recovered Ganja was put into sealed parcels. The car in question as well as Akram, Wali Mohd. and Wazir Singh were taken to the police station. A case was thereafter registered at the instance of Sub Inspector Nigam.