MAHARATHI PROSAD Vs. THE STATE

JUDGEMENT

(1.) THE petitioners were convicted under Section 4 of the Bengal Criminal Law (Industrial Area) Amendment Act of 1942 (Bengal Act IV of 1942) and sentenced to rigorous imprisonment for one month. The prosecution case was that at about 7 O'clock in the morning on the 7th of January, 1948, when Lorry No. B.G.J. 841 was found being driven from Ichapore side it was stopped by the Police near the Barrack -pore railway gate and it was found that the petitioner Maharathi Prosad was driving the lorry while Ful Mahammad and another person, not before us, one Altaf Hossain, were also on the lorry. In the lorry there were 30 bundles of white and brown paper and a number of paper board. The prosecution case was that there is reason to believe that this paper and paperboard were either stolen or fraudulently obtained and these two persons ware in possession thereof and have not been able to account for this possession.

(2.) ON behalf of Ful Mahammad it was argued before us that there is nothing to show that he was in possession of the paper and the boards found on the lorry. Ful Mahammad's own story is that he was coming to Haider Brother, Ichapur, Barrackpore for purchasing cloth and just happened to be in the lorry, as the driver had agreed to give him a lift. It appears from the evidence of prosecution witness No. 3 that this statement was made by Ful Mahammad immediately on being asked when the lorry was stopped. No circumstances have been brought out in the evidence to show that the statement of Full Mahammad given then and there and repeated now was not true or that he had anything to do with the boards and brown paper on the lorry. In our judgment the evidence on record far from showing that Ful Mahammad was in possession of these goods, shows that he was not in possession of any of these goods. His conviction cannot therefore stand.

(3.) WE therefore set aside the order of conviction and sentence passed against these petitioners and order that they be acquitted. Let them be discharged from their bail bond. The order of forfeiture will however stand.