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1975 Supreme(Bom) 111

D.B.PADHYE
Mohamad Kasim Alijan – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - PADHYE, J.:---This is an appeal against the conviction for offence under section 66(1)(b) of the Bombay Prohibition Act for being found in possession of illicit liquor.

2. It is the case of the prosecution that the accused is a taxi-driver and had in his possession five cans of about 18 litres, each containing illicit liquor, four cans out of which were kept by him in the dicky, and one on the front seat. The Police-Sub-Inspector Patil was on a round on that day at about 8-30 a.m. in the morning, and the taxi of the accused, without any passengers in it, was going with speed and this aroused suspicion of the Police Sub-Inspector. He, therefore, gave chase but could not overtake it as the road through which it passed was a narrow one. Ultimately the taxi of the accused came to a halt as it was a dead end and the taxi could not proceed any further. On taking its search it was found that on the front seat there was a can, and in the dicky of the car, there were our more cans. On examination of the same it was found that it smelt like liquor. Therefore, the panchas were called through the head constable and the sample from each of the cans were taken in bottles. The five s








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