WAHIB BASHA Vs. STATE OF MADRAS

JUDGEMENT

(1.) This is a revision which has been preferred against the conviction and sentence of the learned 7th Presidency Magistrate in C. C. 3126 of 1959.

(2.) On information received by the Assistant Commissioner of Police Crimes, Southern Range, Madras (P. W. 4) that the accused was dealing in ganja and opium a surprise raid of his premises was organised. The Sub-Inspector of Police, P. W. 1 was directed to keep a watch over the house of the accused at No. 1/23 Ammer Unnissa Begum Street, Suparigunta. The Asst. Commissioner of Police himself was personally supervising the raiding operation. In the course of the search of the premises occupied by the accused and his wife, P. W. 1, recovered from a room in the occupation of the accused and his wife a wooden box M. O. 13, wherein was found a packet of opium weighing 10 1/2 palams, M. O. 1, two packet? of opium weighing one gundumani, M. O. 2 series, a pawn ticket No. 3842 dated 4-10-1958 in the name of the accused, another pawn ticket, M. O. 3 standing in the name of the servant of the accused, M. O. 4 a brass weighing balance, M. O. 6 another balance, M. O. 6 a tea tola weight, M. O. 7 a five tola weight, M. O. 5 one rupee currency note, M. O. 9 a rupee coin, M. O. 10 other coins, M. O. 11 series, eight copper quarter anna coins coated with mercury, M. O. 12 series, a bichuva M. O. 14 and a patta knife, M. O. 15. The accused was not present at the time of the raid but his wife was there at the time of the search and the seizure of the several articles mentioned above. P. W. 1 drew up the search list, Ex. P-l and P. W. 3 a baker and one of the tenants in the premises has attested this list. On account of the fact that information was received late there was no lime to obtain any search warrant from the Magistrate for conducting the raid and searching the premises of the accused. The accused has no permit to possess opium. It is in the evidence of P. Ws. 1 to 4 that the articles M. Os. 1 to 15 were recovered from the room in the exclusive occupation of the accused and his wife. The seized opium was sent for chemical analysis and it has been certified by the analyst to be genuine opium. The opium recovered is worth more than Rs. 400/-. The accused surrendered at the police station on 16-2-1959. A chargesheet was thereafter laid.

(3.) The case for the accused was one of total denial of the possession of the contraband. He agrees that the pawn ticket, M. O. 3 stood in the name of the accused but he disputed the ownership of the wooden box M. O. 13. The accused did not examine any defence witness. 3a. The only point arising for consideration is whether the articles seized were from the exclusive possession of the accused. In this connection the learned Advocate Mr. Coelho rakes an interesting point namely the presumption to be raised against the karta or housemaster in case of recoveries from the premises occupied by him and his family. Inasmuch as this point arises in our day to day administration of justice it requires a careful exposition at my hands so as to be of help to the Magistracy and the investigating agency.