KRISHNA NAYAR RAM NAYAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant was convicted by the Presidency Magistrate, 27th Court, Mulund, Bombay, under secs. 65(b), 65(f) and 66(b) of the Bombay Prohibition Act and sentenced to rigorous mprisonment for six months and a fine of Rs. 500/- in default rigorous imprisonment for three months. He has come in appreal from the order of conviction and sentence.

(2.) The prosecution case was that on 2-11-1957, a Ploice party had gone for patrolling in the chandivali Jungle that they came across a working still for the manufacture of illicit liquor at about 7 p.m. on that day, and that the appellant was found operating that still and was arrested on the spot. the Police party seized a quantity of illicit liquor, some wash, and certain utensils for the manufacture of liquor. The appellant pleaded that he was not guilty of the offences charged against him, that he was not arrested in Chandivali Jungle, and that he was picked up from his house at Kurla Road at about 5.30 p.m. on that day.

(3.) The prosecution evidence consisted of the depositions of two Police Constables who were in the Police party that was patrolling the Chandivali Jungle on the day of the offence. As the still was found in ajungle, no panchnama was made about it. The accused examined two witnesses to prove that he was arrested at about 5.30 p.m. on that day from his house at Kurla Road. The learned magistrate relied upon the evidence of the Police Constables, rejected the evidence of the defence witnesses, and came to the conclusion that the alleged offences were established beyond a reasonable doubt.