Judgment

FAZAL ALI,J. - In this appeal by special leave, the appellant has been convicted under S. 66 (1) (b) read with S. 181 of the Bombay Prohibition Act. The prosecution case has been fully detailed in the judgment of the Courts below and it is not necessary for us to repeat the same all over again. The appellant was a Rickshaw driver who had carried the accused No. 2 in his Rickshaw. On search of the Rickshaw some balloons kept in a bag containing illicit liquor were found. Apart from the passenger who was the owner of these articles the appellant was also convicted as having conscious knowledge of the fact that the bag contained prohibited articles. It is true that both the Courts below have held that the accused had conscious knowledge of the fact that the articles contained, illicit liquor. This inference appears to have been based largely on the information which the Police derived from its sources which indicated that the appellant in collusion with the second accused were trying to take away the articles. This information, however, being inadmissible, cannot be used against the appellant because there is no evidence to show that the appellant was asked to put these articl