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2013 (7) TMI 715 - ALLAHABAD HIGH COURTCancellation of licence of liquor shop - Transaction or carrying of illicit liquor recovered from Petitioner’s vehicle – Such transportation is within his knowledge - One of the accused arrested from the spot had clearly stated that the petitioner who is the owner of the vehicle, carries business of transportation of illicit liquor through this vehicle and that he had been working for him. He had further stated that the petitioner had allowed the use of the vehicle for transportation of the illicit liquor and whatever profits are earned are shared with the petitioner – Held that:- The aforesaid statement of one of the accused clearly proves the tacit consent of the petitioner and that he had knowledge of such illegal activity. The said statement has not been controverted by any material, evidence or is proved to be false otherwise - The recovery of illicit liquor from the petitioner's vehicle though he may not be present or using the vehicle at the relevant time, would amount to recovery from his possession as the vehicle continues to be in his persuasive possession – Decided against the Petitioner.
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