RAJARAM KHEMRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant in this case has been convicted and sentenced by the trial Court for an offence under section 66-A of the Bombay Prohibition Act.

(2.) The appellant, it appears, runs a canteen in a room of Vikas Bangle Company situate at Peru Baug, Goregaon. The case for the prosecution was that on some information received, S.I. Ratnakar Chogle of the Goregaon Police Station raided the room in which the accused was running a canteen. He was accompanied by Panchas and staff. The accused was present and some kerosene oil tin and a trunk was found in the room. It was stated that in the trunk four packs of opium wrapped in cotton and plastic bag were found. The total weight of opium so found was 11 kg. 300 g. A sample was sent to the Chemical Analyser who certified that the material was opium. Hence the accused was prosecuted.

(3.) The accused did not dispute the finding of the contraband article in the room. But he stated that one Babulal through his servant Rajaram had shorty before the raid kept this trunk in his canteen and he was not at all aware as to what it contained. According to him, Babulal was to take away the trunk on the same day after sometime but before he came, the police raided the canteen and seized the article. In other words, shortly stated, his defence was that he was not in conscious possession of the contraband article.