Pritamdas Chellaram vs Emperor - 1932 Supreme(Sindh) 90

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1932 Supreme(Sindh) 90

FERRERS
Pritamdas Chellaram – Appellant
Versus
Emperor – Respondent

JUDGMENT

Ferrers, J C - On 1st May 1931, a Head Constable received information that the applicant was keeping and selling explosives in his shop without a license. The Head Constable, whose name is Husseinshah, took with him constable Nekram and mashir Gopu and visited the shop; there they found the applicant selling phatakas and sus-rees to one Bijal Hindu. Husseinshah searched the shop and there secured 50 pounds of these fireworks. For five months nothing was done upon this discovery, but on 8th October 1931 the City Police Inspector filed a complaint against the accused under Section 5, Clause 3, Explosives Act. The mashirnama which was drawn up at the time of the search has disappeared, but the Head Constable Husseinshah, constable Nekram and the observer Gopu state that they went to the shop and saw Bijal purchasing these phatakas from the accused and what they say is borne out by Bijal himself. On this evidence the learned Magistrate convicted the accused of the offences defined by Rules 35 and 37 and he imposed upon him a fine of Rs. 100 upon each count. The convict appealed to the Court of Session which confirmed the conviction and sentence and dismissed the appeal. Dissati

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