If a contraband article is seen kept or stored in a building or house, can owner or occupier of such building be held liable for “storing” or “possession” of such article under the Abkari Act ('the Act', for short)? Does “possession” follow “storage”? Can presumption under S.64 of the Act be drawn if the court finds that as per the case records, prosecution has not even alleged commission of any of the offences referred to in the said section? These are the few important questions for consideration in this appeal.

2. According to prosecution, on 6. 12. 2004 at about 1.30 p.m., PW1 Excise inspector got reliable information that arrack was 'kept' in appellant's (A2) house. A search memo was prepared and PW1 and his party proceeded to house. When they reached the house, appellant and 1st accused were present in the house. The house was searched and three cans containing 35 litres of arrack were found in a room situated on the western side of the kitchen of the house. Appellant was questioned about the arrack, when he stated that 1st accused had brought it to his house and he allowed 1st accused to keep the arrack in his house. Both of them were arrested from the spot and cont