Amendment status not verified — confirm the current text below against the official source.
Nature of examination contemplated under Section 313 Cr.P.C - The offence pun- ishable under Section 61(1)(a) clearly relates back to the provisions of Section 25 and there- fore for anybody to be convict for the possession of illicit liquor there must be two ingredients, the possession of illicit liquor and the knowledge that for one of the reasons mentioned in Section 25 the liquor is illicit. Therefore, both in the questions put to the accused under Section 342 CLP.C. and the charge, the element of guilty knowledge mentioned in Section 25 should also be mentioned. Where that is not done and the point is raised in appeal or revision against conviction it would be necessary to see whether any prejudice has been caused to the accused by the failure. In cases where the defence taken was a total denial of possession of incriminating articles the Court would be inclined to hold that no prejudice has been created against the accused and will, therefore, not set aside the conviction. The same principle might be applied also in an appeal filed by the State against acquittal. Held also that in view of the fact that the case under appeal was not sufficiently serious it was not necessary to order a retrial and it would sufficiently serve the purpose if erroneous view of the lower Court was corrected.