Judgement

Mahajan J. - The appellant along with one Kishenchand was charged under S. 66 (b) read with S. 81, Bombay Prohibition Act, 25 of 1949, on the allegation that on 8-6-1950 the two accused were found in possession of twenty gallons and eight drums of rectified spirit without a permit as required by law. The defence was that these articles were not in their possession or in the godown charge of the appellant. The Presidency Magistrate held that it was proved beyond reasonable doubt that the bottles, drums and jars containing the rectified spirit were found in the godown raided by the police. He further held that as admittedly the appellant was in charge of the godown, the inference was that he was in control and possession of the articles found therein. In the result he convicted the appellant and sentenced him to three months rigorous imprisonment and, fine of Rs. 1000. Against the decision of the Presidency Magistrate, an appeal was filed in the High Court but was summarily dismissed. This appeal is before us by special leave.

2. The principal question raised in this appeal is that there is no evidence on the basis of which it could be held proved that the appellant was foun