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november 1960

Supreme Court of India · 1960-11-18

KEKI BEJONJI AND ANOTHER vs THE STATE OF BOMBAY.

Citation / case number
SC 1959/36
Court
Supreme Court of India
Petitioner
KEKI BEJONJI AND ANOTHER
Respondent
THE STATE OF BOMBAY.
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that under Section 342 of the Code of Criminal Procedure, an accused's denial of knowledge regarding recovered articles does not prejudice their case if no further questions are posed. The Court clarified that the presumption under Section 103 of the Bombay Prohibition Act arises when a person is found in possession of a still, and it is up to the accused to prove otherwise. The conviction of appellant No. 1 under Sections 65(b), 65(f), and 66(b) was upheld, while appellant No. 2 was acquitted due to lack of evidence linking him to the possession of the still.

KEKI BEJONJI AND ANOTHER vs THE STATE OF BOMBAY. · Niyam