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Jean s/o Kisila v. R., Crim. App. 548-M-67, 13/9/67, Cross J.



Jean s/o Kisila v. R., Crim. App. 548-M-67, 13/9/67, Cross J.

Accused was arrested while offering motor vehicle spare parts for sale at a railway station. He was convicted under P. C. s. 312.

            Held: (1) Sec. 312 provides, inter alia, that a person who has been detained as a result of the exercise of powers conferred by Crim. Proc. Code s. 24 (relating to

Authorized searches), and who has in his possession anything which might reasonably be suspected of having been unlawfully obtained and who fails to satisfy the court as to how he came by the articles is guilty of an offence. (2) There was no evidence that the accused was detained as a result of the exercise of powers conferred by Crim. Proc. Code. s. 24, which is one of the elements of the offence defined by P.C. s. 312. Conviction quashed.

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