NARAYAN DAGADU LOHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The house of the Petitioner, who is a trader residing at Wanjarwadi in Nasik District, was searched by the Police on April 15, 1976, with reference to the allegations in some crime. Though no incriminating article in respect ot that crime was found, nonetheless the Petitioner was found in possession of coppor pieces weighing about 28 kgs. and brass pieces weighing about 107 kgs. which were stored in gunny bags inside his house. The police who were attached to Deolali Camp Police Station, effected the said search and the Police Constables in charge of the raid reasonably suspected that the said property was a stolen property or was obtained by fraud. The accused gave out his explanation that it was purchased by him legitimately from the villagers as the said pieces were scrap of the exploded material falling within the firing range of Artillaty Centre at Deolali Camp. This explanation did not find favour with the Police Officer, and ultimately they fileded a non-cognizable complaint against the Petitioner in the Court of the Judicial Magistrate, First Class. Nasik Road, being Summary Case No. 852 of 1976, for an offence under section 124 of the Bombay police Act.

(2.) Tine accused, as stated above, came out with the specific defence that he was lagitimately in possession of the articles. The learned Magistrate discarded the explanation of the accused and convicted the Petitioner on the said count and sentenced him to suffer rigorous imprisonment for one month and to pay a fine of Rs 200/ -, in default rigorous imprisonment for one month.

(3.) The Petitioner preferred Criminal Appeal No. 35 of 1979 and the same came to be dismissed by the learned Additional Sessions Judge, Nasik, by his order dated 2Cth June 1979 and I must indicate that it is rather an unduly elaborate order recorded by the learned Additional Sessions Judge, Nasik, on a very short point.