Chennai Court August 1944 Judgments

In Re: Draksha Chinna Gurumurthi

Court: Chennai

Reported in: AIR1945Mad51

ORDERByers, J.1. The petitioner was convicted of the unlawful possession of prejudicial literature Under Rule 39, Defence of India Rules and sentenced to rigorous imprisonment for two years his conviction and sentence being upheld on appeal. The facts of the case in so far as they are necessary at this stage are that the petitioner was living in a house with his mother and his undivided elder brother, the latter having been found to be the manager of the family. In the room shared by the petitioner and his brother a large quantity of highly prejudicial matter was found by the police in an unlocked metal box when they searched the premises. Some attempt was made in the evidence to show that there was other material in this box which would identify it as the property of the petitioner, but this evidence was not accepted, However, the convicting Magistrate relied upon Rule 39(2) of the Rules and as the petitioner was in occupation of the premises, the burden lay upon him of proving his in...