TMI Blog1953 (3) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... s proved beyond reasonable doubt that the bottles, drums and jars containing the rectified spirit were found in the godown raided by the police. He further held that as admittedly the appellant was in charge of the godown, the inference was that he was in control and possession of the articles found therein. In the result he convicted the appellant and sentenced him to three months' rigorous imprisonment and a fine of Rs. 1000 against the decision of the Presidency Magistrate, an appeal was filed in the High Court but was summarily dismissed. This appeal is before us by special leave. 2. The principal question raised in this appeal is that there is no evidence on the basis of which it could be held proved that the appellant was found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s situation fully justified in referring to the statement of the accused under Section 342 as supporting the prosecution case concerning the possession of the godown. The contention that the Magistrate made use of the inculpatory part of the accused's statement and excluded the exculpatory part does not seem to be correct. The statement under Section 342 did not consist of two portions, part inculpatory and part exculpatory. It concerned itself with two facts. The accused admitted that he was in charge of the godown, he denied that the rectified spirit was found in that godown. He alleged that the rectified spirit was found outside it. This part of his statement was proved untrue by the prosecution evidence and had no intimate connectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne bottle out of the articles recovered at the raid was sent for analysis and that it was not proved that all the bottles and the drums that were recovered from the godown contained rectified spirit. He said these might well have contained phenyle, the. manufacture of which the company admittedly was carrying on in that godown. This argument cannot be seriously considered. It was wholly unnecessary to send all the bottles recovered by the police in the presence of panches and which contained the same stuff for purpose of analysis. This argument is therefore rejected. 6. It was next contended that no permit was necessary for possession of rectified spirit because it falls in the category of medical preparations. This contention again is w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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