ABBAS SAHEB Vs. STATE

JUDGEMENT

(1.) The petitioner Abbas Saheb has been convicted and sentenced to three months' rigorous imprisonment and a fine of Rs. 5 by the Sub-Magistrate of Arni for having been found in possession of four gallons of arrack near the Municipal Park at Arni at 1-30 P.M. on 13-4-1963.

(2.) The only witness who speaks to the prosecution case is the Sub-Inspector of Police who is said to have seized the contraband when he was on a prohibition raid along with his subordinate officers. The time and the place at which the contraband was seized were however such that there should have been several persons available to witness the seizure. P.W. I would have it that there was no one available and that for this reason he also could not prepare any mahazar for the seizure. In the peculiar circumstances of this case I find it difficult to accept this story.

(3.) The plea of the petitioner is that since he happened to be a witness in another prohibition case against one Arjunan, P.W. 1 foisted this case on him out of spite. Whatever be the truth of this plea I feel little doubt that this is a case where witnesses should have been available to witness the seizure at the place wherefrom the contraband was seized and that if the seizure were genuine, P.W. 1 would have cared to get the attestation of witnesses. Since that has not been done, this in my opinion, is a case where the petitioner is entitled at least to the benefit of doubt. He is accordingly acquitted giving the benefit of doubt. The fine, if recovered will be refunded to him.