9911796707
TMI Blog1979 (1) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... In this appeal by Special Leave the appellant has been convicted under section 34 of the Mysore Excise Act and sentenced to three months' rigorous imprisonment and a fine of ₹ 100/- for being in possession of 48 bottles of liquor which were recovered from a car which was being driven by the appellant. Mr. Javali appearing for the appellant has raised a short point before us. He has sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s likely to be, committed, are kept or concealed, and (b) for the arrest of any person whom he has reason to believe to have been, to be, or to be likely to be engaged in the commission of any such offence. Thus this section relates to a contingency where the Statute enjoins that any inspector before searching a place must obtain a warrant from the magistrate. Section 54 is a special provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ein which he has reason to believe to be liable to confiscation under this Act, and (b) detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of such offence as aforesaid. In the instant case, it is admitted that the inspector who searched the car of the appellant had not made any record of any ground on the basis of whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cryptic approach to a legal question which is of far reaching consequences. It was, however, suggested that the word place would not include the car, but the definition of the word place under the Act clearly includes vehicle which would include a car. Thus the ground on which the argument of the petitioner has been rejected by the High Court cannot be sustained by us. We are satisfied that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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