Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1962

Supreme Court of India · 1962-07-24

BHAGWANBHAI DULABHAI JADHAV vs STATE OF MAHARASHTRA

Citation / case number
SC 1961/266
Court
Supreme Court of India
Petitioner
BHAGWANBHAI DULABHAI JADHAV
Respondent
STATE OF MAHARASHTRA

Judgment text excerpt

The Supreme Court held that a motor vehicle does not constitute a 'place' under Sections 102 and 103 of the Code of Criminal Procedure, thus the formalities of Section 103 were not applicable to the search conducted. The Court found that the High Court erred in convicting the appellants under Section 66(b) of the Bombay Prohibition Act, 1949, as it failed to properly assess the intrinsic value of the evidence presented. The Court reaffirmed that the presumption of innocence remains strong in appeals against acquittal, and the burden of proof lies with the prosecution.

BHAGWANBHAI DULABHAI JADHAV vs STATE OF MAHARASHTRA · Niyam