The driver of the car BML 6649 was also put in the witness box as PW 5.
The accused then led the Police officer and the Panchas to a Musafirkhana in Crowford Market and pointed out the three drums lying there, bearing the markings, ACC I Phosphorous Pentaoxide.
Accordingly, the driver, Babu Vithal PW 5 , accompanied by the accused appellant appeared before the Sub Inspector in the Police Station on September 26, 1968.
The Sub Inspector took the accused into custody.
Thereafter, the drums were identified by PW 1 as the same which had been stolen.
He further told me that he shouted to stop the car but the driver of the said car drove away the Car at a fast speed.
After making inquiries from the Regional Transport office, he traced the owner of the car, BML 6649, and requested him to send his car driver to the Police station.
PW 6 , a panch witness of the discovery.
However, he has numbered down the number of the Car as 6649.
Rendered into English, this statement incorporated in the Panchanama Ex.
Appeal by special leave from the judgment and order dated the 4th March.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
R. Chaudhury, S. L. Setia, Rajendra Chaudhury and Veena Khanna, for the appellant.
300/ from the premises of the Bombay Port Trust on 1 8 1968 at 8.40 a.m. The First Information Report of the theft lodged with the police by Murari Bhikaji Bidya PW 1 Shed Superintendent of Haji Bunder, at 9.15, was as follows Today in the morning at about 8.
1971 of the Bombay High Court in Criminal Appeal No.
a.m. I reported for duty at Haji Bunder.
131 of 1971.
Among others, the prosecution examined Bhikaji PW 1 the informant, Vishnu Sakharam PW 2 , the Gate keeper, Govindji PW 3 the Clearing Agent and Rasal Mohd.
R. Khanna and M. N. Shroff, for the respondent.
The facts are these The appellant was tried in the companyrt of the Presidency Magistrate 5th Court, Dadar on the charge of companymitting theft of three drums companytaining phosphorous pentaoxide, valued at Rs.
C reads I will tell the place of deposit of the three Chemical drums which I took out from the Haji Bunder on 1st August.
I immediately asked Shri Joshi the gate keeper who was present in my office at that particular time, to go out and see what was the matter after some time Shri Joshi came to my office and informed me that before he companyld reach the gate, the car had already left.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment of the High Court of Bombay upholding the companyviction and sentence passed against the appellant under s. 379, Penal Code.
At about 8.40 a.m. or so, the Canteen boy named Shri Babu Durga came to me and informed me that one M Car had companye inside Haji Bunder and removed 3 small drums which were lying between A Shed and Canteen in an open place along with several drums.
I then went in the open place in between A Shed and Canteen where the drums were lying when the above said Canteen boy showed me a gap in between bigger size drums from where the small drums were removed Sub Inspector Thorat PW 7, companyducted the investigation.
1954 of 1969.
He then called the Panchas including PW 6 and, in their presence, interrogated the accused who made a statement which was recorded by the Sub Inspector.
