MERCHANT Vs. STATE OF BOMBAY

JUDGEMENT

(1.) THIS revisional application which is filed by D. K. Merchant, the accused in Criminal Case No. 101 of 1956 which was heard and decided by the learned Judicial Magistrate, First Class, (Railways), Poona, raises an interesting point of law under the Bombay Prohibition Act, 1949.

(2.) THE accused was convicted by the learned Magistrate of an offence under S. 65 (a) of the Bombay Prohibition Act, 1949, and he was sentenced to suffer six months' rigorous imprisonment and to pay a fine of Rs. 1000/- or in default to suffer three months' further rigorous imprisonment. On an appeal by the accused to the Court of Session at Poona, the learned 2nd Additional Sessions Judge, Poona, confirmed the order of conviction and sentence passed upon the accused and he dismissed the appeal of the accused. It is from this order of dismissal of his appeal by the learned 2nd Additional Sessions Judge, Poona, that the accused has come in revision to this Court.

(3.) NOW, the facts which gave rise to the prosecution of the accused may be briefly stated. The prosecution story is that the accused imported from Hyderabad-Wadi to Dehu Road on or about 19-9-1955 a spirituous drug labelled as "cina 4-X". 13,568 bottles of this substance, contained in 140 wooden cases, were imported by the accused. No excise duty was paid in connection with this import. Upon these facts, the prosecution contended that the accused had contravened the provisions of S. 108 and S. 65, cl. (a) of the Bombay Prohibition Act.