RAM GOPAL AGARWALA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the order passed by a Presidency Magistrate convicting the Appellants under Section 411, Indian Penal Code. The Appellants had been sentenced to pay a fine of Rs. 2,000, in default to suffer rigorous imprisonment for six months.

(2.) The prosecution case in short is that the Police searched a godown at 33 Canal South Road belonging to 'Chemical Industries and Equipment Company, of which the Appellant Ram Gopal Agarwalla was the proprietor, from March 8 to 10, 1967, and seized a huge quantity of chemicals and packages of 'carbon black' in presence of the employees of Ram Gopal, that is, the Appellant No. 2. The goods seized were taken to the Police Station and one R.K. Roy of Dunlop & Company Ltd. was contacted. Sri R.K. Roy saw the bags containing carbon black and he identified 40 of these bags as their property. A complaint was then lodged by Sri R.K. Roy as the Purchasing Manager of Dunlop Rubber Company on the basis of which investigation started and challan was submitted against the Appellants. The Appellants were convicted under Section 411 of the Indian Penal Code.

(3.) The defence is a plea of innocence. It is contended by the defence that the articles seized were not stolen goods and that they were in bona fide possession of the same by purchasing those in open market in usual course of business.