Kolkata Court October 1947 Judgments

Sova Chand Bothra Vs. Emperor

Court: Kolkata

Reported in: AIR1948Cal184

ORDERHarries, C.J.1. The petitioner was tried by a learned Additional Presidency Magistrate upon a charge under Section 54A of the Calcutta Police Act, He was found guilty and sentenced to pay a fine of Rs. 100/-In default of payment of the fine he was ordered to undergo three week's rigorous imprisonment.2. Admittedly, the petitioner was the manager of a firm. B.L. Choraria and Corporation. According to the prosecution 98 bags of burnt cartridges were found on 9th April 1946 in front of the premises of this firm. According to the evidence the petitioner immediately produced certain cash memos which were produced by the prosecution in this case. The petitioner himself did not give any evidence as to how these burnt cartridges had been obtained. The learned Magistrate came to the conclusion that the petitioner was in possession of these goods in circumstances which could reasonably give rise to the belief that the goods were stolen or had been improperly obtained.3. I am not satisfied t...