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.