STATE OF GUJARAT Vs. CHINUBHAI GOPALDAS

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order of a learned Single Judge of the High Court of Gujarat, January 8, 1965, by which an order confiscating 1,500 and odd bottles said to contain intoxicating liquor by the City Magistrate, 8th Court, Ahmedabad, has been set aside.

(2.) The facts of the case are as follows. On January 9, 1963, Sub-Inspector Benot of Ahmedabad City raided a godown consisting of two rooms in Serial No. 1510/0 and Survey No. 324/0. He found several deal boxes which were opened and each box was found to contain 144 bottles packed with grass, each bottle containing 4 oz. of some liquid. Bottles were of two kinds, one containing yellow liquid and the other a red liquid. The bottles containing yellow liquid were labelled 'U.D. Colon Solvek Cosmetics Bombay, 28, and the bottles containing red liquid were labelled Jasmine Batch No. 3. Solvek Cosmetics Bombay.' From these bottles, two bottles one of each kind, were selected and were sent to the Chemical Examiner Baroda for test. Before sending them, the Panchas were allowed to seal the bottles with paper slips containing the signature of panchas pasted on them for identification. On analysis, they were found to contain alchohol and the respondent Chinubhai Gopaldas was prosecuted under Section 66 (b) of the Bombay Prohibition Act. The other bottles numbering 1584 containing 6336 oz. of alleged alchohol were kept intact.

(3.) Gopal Das's prosecution failed. He was acquitted by the City Magistrate, because according to him, it was not proved beyond reasonable doubt that he was in possession of these bottles on his own. It was found that he possessed them as agents of a wholesale merchant. It is in evidence however that he did not possess a permit or licence for possessing alcohol. The Magistrate while acquitting him ordered the confiscation of the remaining bottles under Sec. 98 of the Prohibition Act.