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Bai Das Vs. Ali Bux Khan - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in59Ind.Cas.554
AppellantBai Das
RespondentAli Bux Khan
Excerpt:
calcutta police act (iv b.c. of 1866), s.54 a, requisites for convention under - possession of old chuddar, whether sufficient in itself to arouse suspicion. - .....not be considered, for, in our opinion, the possession of an old chudder is not enough in itself to arouse suspicion. the conviction is under section 54a of the calcutta police act; and to justify a conviction under that section there must be reason to believe that the article has been stolen or fraudulently obtained. we are not satisfied that there was any reasonable ground for suspicion in this case. 2. we accordingly make the rule absolute, acquit the petitioner and set aside the conviction and sentence. the petitioner will be discharged from his bail-bond.
Judgment:

1. The petitioner in this case was found in possession of a chuddar which we understand was an old one. He could not indicate the exact person from whom he had purchased it, but examined two witnesses to show that he had purchased it as an old cloth from a pilgrim at a dharmasala. Whether this account is correct or not need not be considered, for, in our opinion, the possession of an old chudder is not enough in itself to arouse suspicion. The conviction is under Section 54A of the Calcutta Police Act; and to justify a conviction under that section there must be reason to believe that the article has been stolen or fraudulently obtained. We are not satisfied that there was any reasonable ground for suspicion in this case.

2. We accordingly make the Rule absolute, acquit the petitioner and set aside the conviction and sentence. The petitioner will be discharged from his bail-bond.


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