Imam, J. - (1.) The appellant was tried by a Magistrate of 1st Class of Abu Road for an offence punishable under Ss. 65(a) and 66(b) of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949), hereinafter referred to as the Act. His servant Gangaram Makarji, accused No. 2, was also tried along with him under the aforesaid sections. A third accused in the case was the driver of the jeep car but the Magistrate did not frame any charge against him. He was accordingly discharged. The appellant was sentenced by the Magistrate to 6 months' S. I and a fine of Rs. 500 under S. 65(a) of the Act and to 3 months' S. I. and a fine of Rs. 500 under S. 66(b) of the Act. The sentences of imprisonment were directed to run concurrently. His servant Gangaram Makarji was sentenced to one month's S. I. and a fine of Rs. 100 under S. 65(a) of the Act and to 15 days' S. I. and a fine of Rs. 100 under S. 66(b) of the Act. the sentences of imprisonment were directed to run concurrently.
(2.) The appellant appealed to the Sessions Judge of Mehsana against his conviction and sentence. The Additional Sessions Judge, who heard the appeal, allowed it and set aside the conviction and sentence of the appellant. Against this order of acquittal the State of Bombay appealed to the Bombay High Court and that Court allowed the appeal, set aside the order of acquittal and convicted the appellant under Ss. 65(a) and 66(b) of the Act and restored the order of conviction and sentence passed by the Magistrate. The appellant obtained special leave to appeal against his conviction and sentence.
(3.) The facts established that the appellant and his servant Gangaram Makarji travelled from Delhi to Abu Road by the 201 UP train from Delhi which reached Abu Road at 3.45 p. m. on February 1, 1954. The appellant travelled in a 1st Class compartment while his servant travelled in a servants' compartment. At Abu Road station the appellant detrained and his servant took out his luggage and followed his master to the 1st Class waiting room. After sometime the appellant's luggage was loaded into the trailer attached to a jeep car the driver of which was the discharged accused No. 3. Sometime later, the appellant got into the jeep and when the jeep was about to start, Jamedar Shri Sheikh stopped it in order to make a search in connection with a suspected offence. The appellant asked his servant Gangaram Makarji to produce the keys. The luggage was thereafter searched. On search 76 bottles of foreign liquor were found in the trunks belonging to the accused as well as two half consumed bottles, one of which was in an attache case. The appellant, his servant Gangaram Makarji and the driver of the jeep were arrested. On these facts, it is the case of the prosecution that offences under Ss. 65(a) and 66(b) of the act were committed by the appellant.;