Supreme Court · 2006 INSC 572 · Decided 31 August 2006
Khalek Shaikh v. State of West Bengal
- Court
- Supreme Court of India
- Citation
- 2006 INSC 572 · [2006] SUPP. 5 S.C.R. 665
- Case number
- CRIMINAL APPEAL No. 905/2006
- Decided
- 31 August 2006
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
Headnote
B Excise laws: Bengal facise Act, 1909-Section 46A-Unlawful possession of illicit distilled liquor-Offence of-Applicable provision-Held: Is Section 46A(a)(i) C and not Section 46A(a}(ii) as held by Courts below since the offence committed related to "possession" and not "manufacture seized, sentence of 5 months RI held to be sufficient. Bengal Excise Act, 1909-Section 46A-Conviction for un/awfitl D possession of illicit distilled liquor-Challenge to, on ground of non­ examination of independent witnesses-Sustainability-Held, not sustainable-Since Courts below analysed
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