Judgment

KHANNA, J.:- This is an appeal by special leave by Thakur Jainarain Singh against the judgment of the Madhya Pradesh High Court affirming on revision the conviction of the appellant under Section 34 (a) of the Madhya Pradesh Excise Act and the sentence of rigorous imprisonment for a period of 18 months and a fine of rupees one thousand or in default rigorous imprisonment for a further period of six months.

2. Wali Mohd., Akram and Wazir Singh were also tried along with the appellant. Wali Mohd. pleaded guilty and was accordingly convicted. The other two accused were also convicted along with the appellant by the trial court but we are not concerned with them.

3. The prosecution case is that on February 5, 1967 Sub Inspector Nigam (PW 12) was present in front of Ranjit Saw Mill in Khandwa in connection with the collision of a car and a truck. The Sub Inspector then saw Ambassador car No. UPL 6069 coming from the direction of Dhan Mandi. On suspicion the Sub Inspector stopped the car. The car was being driven by Akram accused, while Wali Mohd. and Wazir Singh were sitting on the back seat. On the query of the Sub Inspector, Akram disclosed that he had no driving licence. The Sub Inspector then went near the car and felt the smell of Ganja. The car. was thereupon searched and Ganja weighing 4 1/2 maunds was recovered therefrom. The recovered Ganja was put into sealed parcels. The car in question as well as Akram, Wali Mohd. and Wazir Singh were taken to the police station. A case was thereafter registered at the instance of Sub Inspector Nigam.

4. Car No. UPL 6069 had been registered at Varanasi and belonged to the appellant who is the proprietor of a hotel in Varanasi cantonment.

5. On February 8, 1967 the appellant made a report to the police at Varanasi that he had sent his car No. UPL 6069 with his driver Akram to Sasaram in Bihar in connection with election work on February 4, 1967. The car was stated not to have reached Sasaram nor to have returned. According to the appellant, he suspected that his driver had run away with the car. The appellant accordingly prayed for taking necessary action for the search of the car.

6. The appellant, it is further stated, went from Varanasi to Khandwa and met Akram and Wali Mohd. accused in jail on February 26, 1967 in the presence of an American student Danny (PW 1l), who was also an inmate of Khandwa Jail having been arrested in a case under Section 14 of the Foreigners Act. The appellant also deposited a sum of Rs. 50.00 for expenses of Wali Mohd. with the jail authorities.

7. At the trial Wali Mohd. pleaded guilty and stated that he had induced Akram accused to take the car to Bombay. Wali Mohd. also added that the Ganja in question belonged to him. The plea of Wazir Singh was that he had got into the car at Indore when he saw the car passing that way. According to Akram accused, the appellant had sent the car to Sasaram for election work. He then met Wali Mohd. who induced Akram to take something as a result of which Akram became unconscious. When Akram regained consciousness, he found that Wali Mohd. had been driving the car. The appellant, in the course of his statement under Section 342 of the Code of Criminal Procedure, stated that he had given the car in question to his driver Akram on February 4, 1967 for being taken to Sasaram for election work. When the appellant received information that the car had not reached Sasaram, he made a report to the police. The appellant denied having met Wali Mohd. and Akram in Khandwa jail on 26-2-1967 and about his having then deposited Rs. 50.00 with the jail authorities for the expenses of Wali Mohd.

8. The High Court in maintaining the conviction of the appellant relied upon the fact that the car in which Ganja was being taken belonged to the appellant and that the appellant had met Akram and Wali Mohd. in Khandwa jail on February 26, 1967 on which date the appellant also deposited Rs. 50.00 with the jail authorities for the expenses of Wa