STATE OF MAHARASHTRA Vs. GANPAT VITHOBA

JUDGEMENT

(1.) This is an application for enhancement of the sentence passed against the accused person who has been convicted for a second time upon an offence under Section 66(b), Bombay Prohibition Act, 1949.

(2.) The prosecution case was that on 15-12-1954 the accused got down at the Dadar Station from the Borivali local and was arrested and searched in the presence of two panchas and the police found one cycle tube containing 24 drains of liquor tied around the waist of the accused. It was seized under a panchnama. The opponent was then prosecuted.

(3.) His defence was that nothing was found on his person. The police arrested him that morning at Kalina when he was drunk. He was brought down to Dadar and the police foisted a case against him.