Bare ActsThe Punjab Excise Act, 1914(Bare Act )

Section 42

Possession - Actual control of the accused to be proved

Amendment status not verified — confirm the current text below against the official source.

Possession - Actual control of the accused to be proved. - In order to decide whether a quantity of illicit liquor or illicit arm is or is not in possession of the accused person, the courts will have to consider not merely whether the article is lying at the house of the accused or at a place accessible to others, but a number of other circumstances, the proof of which will persuade the court to come to the conclusion that the article was in fact under the control and absolute dominion of the person concerned. Recovery of illicit liquor from field of another on information supplied by the accused - several persons distilling liquor in that village and this fact known almost to all villagers. It was probable that the accused gave information relating to liquor belonging to some one else and therefore accused could not be said to be in possession of that discovered liquor. The fact that a man buries an article in his own kotha shows that he retailed control over it and therefore, the article must be said to have continued in his possession.

Section 42 – The Punjab Excise Act, 1914(Bare Act ) | DailyLaw.ai