AYYUB ALI KANEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal revision is filed by the original accused who were convicted and sentenced by the Judicial Magistrate, First Class, Chiplun by his order and judgment dated October 10, 1980 in Criminal Case No. 562 of 1980 for the commission of an offence under section 66(1)(b) of the Bombay Prohibition Act. Each of the accused persons was sentenced to suffer 15 days, S.I. and to pay a fine of Rs. 100/- in default to suffer S.I. for 1 week. The conviction by the learned Magistrate was upheld by the Appellate Additional Sessions Judge in Criminal Appeal No. 93 of 1980 by his judgment dated April 24, 1981. The petitioner original accused Nos. 1 and 2 have filed this revision against the conviction passed by the learned Judicial Magistrate, Chiplun, which was confirmed by the learned Additional Sessions Judge, Ratnagiri.

(2.) A few facts may be stated at follows :- On February 13, 1980 the Police Officers of Chiplun were busy in conducting the raids in regard to prohibition offences. They saw one motor-cycle. It was alleged, that petitioner Nos. 1 and 2 were sitting on the motor-cycle. Petitioner No. 1 was driving the motor-cycle and petitioner No. 2 was sitting behind. The police halted the motor-cycle when they noticed that petitioner No. 2 was getting down and keeping the can on the road and thereafter the motor-cycle went away. Petitioner No. 2, it is alleged, was chased and caught by one constable but he tried to run away and petitioner No. 1 had made good escape.

(3.) The contents of the can were examined in the presence of Panchas. Sample bottles were taken and sent to the Chemical Analyser. The accused were charge-sheeted in the Court of the learned Judicial Magistrate, First Class at Chiplun on the allegations that both the accused were in possession of the contraband liquor and, therefore, they were liable to answer the charge.