SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED in C. C. 61 of 1959 on the file of the First Class Magistrate's Court, Trichur Who has been convicted for an Offence Under Section 6 (3) of the Indian, Explosives Act Act IV of 1884 and whose appeal before the Sessions Judge of Trichur was dismissed has filed this revision petition.

(2.) THE accused is the proprietor of Jupiter Trading Concern in Trichur, a firm licensed to possess fireworks and Chinese Crackers. On 15-91958, P. W. 4 the Assistant Inspector of Explosives checked the consignment of fire works which P. W. 7, the manager of the accused had taken to the Trichur Railway Station. On checking the stock t was found that some of the fireworks contained cassia chlorate. Possession of an explosive mixture containing sulphur in admixture with potassium chlorate is prohibited under the Government of India Notification No. M. 1217 dated 9-2-39. At the request of the accused the samples were sent Co the Chemical Examiner, Trivandrum, who also certified that the samples contained potassium chlorate.

(3.) THE evidence of P. W. 1 the goods clerk, P. W. 2 the forwarding agent of the accused, P. W. 7 the manager arlcl P. W. 4 the Assistant Inspector of Explosives has proved that the explosives were produced for testing preliminary to the transit by rail for find on behalf of the accused. This fact is not disputed by the, accused. Possession of the explosives must be taken to be that of the accused even Chough it was P. W. 7 the manager who actually produced it before the Explosives Inspector. Possession of the prohibited article through his servant or agent really constitutes possession by the accused as the so-called possession of the representative is detention and no'1 possession in a legal or judicial sense.