LAWS(GAU)-1958-7-7

BALBIR SINGH AND ANR. Vs. THE STATE

Decided On July 10, 1958
Balbir Singh and Anr. Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) THIS is a revision against the decision of the Sessions Judge, Upper Assam Districts, who confirmed the conviction and sentences passed against the two applicants"Balbir Sing and Inderjit Sing by Sri A. Ahmed, Magistrate, 1st Class at Jorhat. Applicant No. 1 was convicted under Section 61 -A of the East Bengal and Assam Excise Act -hereinafter called the Act and applicant No. 2 was convicted under Section 53(l)(a) of the Act, Each of these two applicants were sentenced to six months' rigorous imprisonment and to pay a fine of Rs. 500/ - in default to undergo another period of three months' rigorous imprisonment.

(2.) THE prosecution case is that on 21 -11 -54 the Excise Inspector under the authority of a search war - rant searched the Broadway Hotel and restaurant including its kitchen and recovered one bottle of Heyward's brandy, one kettle containing liquor, one bottle containing about a dram of Hey ward's brandy, one bottle containing traces of Heyward's whisky, six empty bottles of Heyward's whisky, rum, brandy, one tumbler with smell of liquor, from the kitchen and from the drawer of the Manager's secretariat table, one bottle containing about 2 1/2 ounces of Heyward's whisky was recovered.

(3.) COMING to the case of Inderjit, he has been convicted under Section 53 for possessing the liquor. The liquor found from kitchen cannot be said to be in possession of the manager unless the prosecution could prove that it was kept there by the order of the manager. As regards the recovery of 2 1/2 ounces of whisky from the office drawer of the manager, it can be said that he was in possession of the liquor and is liable to be convicted under Section 53, in case it is proved that this was in contravention or any provision of the Act, rule or notification made thereunder. On 25 -8 -1953 a notification was issued by the State Government under Section 17(3) of the Act which runs as follows: