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TMI Blog1978 (4) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict Magistrate (Judicial), Puri, authorising search of the premises of the respondent and his brother in connection with a case under Section 9 of the Opium Act. In execution of Ext. 2, the respondent's premises were searched on 6-5-1965 and during search the Inspector (P.W. 74) recovered small coins of different denominations from several places of the residential building along (From order of V. Gopalaswamy, Dist. and S. J. and Special J., Puri, D/- 6-7-1974.) with obsolete coins, gold and other valuables. The Inspector conducting the search submitted a report (Ext. 3) to the Superintendent of Police, C.B.I., stating that in course of the search for the offence under the Opium Act, the respondent was found to be in possession of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coins was recovered from the house of the accused; he is the head of the family; there is no evidence that such coins were necessary for the accused's business or personal requirements and there is no evidence that the coins seized belonged to different members of the accused's family. This being the position, I am satisfied that an offence under Rule 132 (3) is committed by the accused by violating Sub-rule (2)(e) of Rule 132 of the Defence of India Rules. This is a piece of special legislation meant to cover special of- fences and to meet special circumstances that may arise in the society. Of course, prosecution led evidence to show that there was acute shortage of coins at Cuttack and Choudwar but that evidence in my opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that out of the seized amount, small coins worth ₹ 500/- to ₹ 700/- belonged to him. It came to the conclusion that the rest of the coins appeared to be of respondent's mother and since admittedly she was living in the house and these coins had been kept mixed up with old, obsolete coins which respondent's mother was likely to have preserved, the defence plea seemed to be cogent. It found that the respondent was doing business and was involved in substantial commercial activities and came to conclude that the prosecution had failed to prove that on 8-5-1965, respondent was in possession of small coins in excess of his personal or business requirements for the time being and accordingly set aside the conviction and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to sustain the charge levelled by the prosecution that the respondent was in possession of small coins in excess of his personal or business requirements. Emphasis was put by learned Counsel for the appellant that in the admission of the respondent that small coins to the extent of ₹ 500 or ₹ 700 out of the seized amount belonged to him, there was a clear confession of the guilt. Mr. Patnaik's argument that small coin would exclude the rupee coin cannot as such be accepted. In common parlance, small coin would very often refer to the rupee also as against currency of higher denomination, like 100 rupee, 50 rupee, 20 rupee, 10 rupee, 5 rupee, 2 rupee notes and the like. It is true that at the relevant time, coins of more tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guilt. It has also been contended that the respondent was in physical possession of the entire seized amount and he had actually opened the almirahs from where the coins have been recovered. Reliance was also placed on the feature that respondent's mother was an old and ailing lady and she could not be in possession of so much of coins as recovered. It has next been contended that it was for the respondent to show what exactly was the extent of his requirement both personal and business of small coins and since respondent had failed to establish the same, even the small coins possession whereof is accepted would justify conviction of the respondent. 7. Some of the arguments of Mr. Patnaik for the appellant are indeed quite appealing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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