Amendment status not verified — confirm the current text below against the official source.
Concious posession. - Illicit liquor recovered from bed room of father of accused Cannot be said that accused was in conscious possession of liquor - Accused rightly discharge by Magistrate.state of Hmyana v. Chander Mohan, 2001 (2) RCR(Criminal) 63(P&H) Recovery of Charas - It has to be established that accused were in conscious possession of Charas - In the instant case Charas was found from car near driver and co-accused - Held were in conscious possession - Conviction upheld. 1976 P.L.R. 288 and AIR 1979 SC relied.Raj Kumar v. State of Haryana, 2000(3) RCR (Criminal) 344(P&H) Recovery of rectified spirit from rear portion of motor car. Held, accused was in cons possession of spirit. Recovery of illicit liquor. Conscious possession. Recovery of rubber tubes from a in which accused was traveling. Tubes were quite heavy and big objects. Cannot be sail accused was not in conscious possession of illicit liquor. In the absence of any indication to the contrary in the Abkari Act, the word 'possession its ordinary meaning. Where a person is transporting any excisabie article, he is also in session of the same within the legal meaning of the term. Where a dagger was found in a room in a house jointly occupied by the father and his son, but there was no evidence to show that either of them was aware of its existence, it held that neither of them could be convicted of an offence under section 19 of the Arms The principle would apply equally to Excise cases. In prosecution for possession of an excisable article under this section it is necessary e to prove that the accused knew or had reason to believe that the excisable article was un fully manufactured or to jet up circumstances for which a presumption of such knowledge belief may be presumed. Accused stated before police that they themselves had buried the pitchers of lahan u trees in their family fields. Pitchers recovered in consequence of these statements. This held sufficient to establish their conscious possession of the incriminating article to justify conviction under Section 61(1)(a) of the Punjab Excise Act. In order to establish an offence under Section 37, it is necessary that the guilty knowledge or belief which is an essential ingredient of the offence sh9uld be included in the particulars of the offence stated to the accused and proved at the trial.