Stolen Property

Whether in circumstances no other order except one of restoring converted property to person from whom it was recovered should have been passed

Leave to appeal granted to consider such question and certain other features disclosed in case, which required fuller examination in background of law and equities involved.

S. 411 read with Evidence Act (I of 1872), S. 114(a)-Stolen property-Possession of-Possession of stolen goods simpliciter though not an offence, yet, each case depends upon its own facts-Stolen goods belonging to a statutory corporation found in truck of petitioner and petitioner himself travelling in such truck-Presumption of guilt, held, attracted to case in absence of possession having been accounted for-Petitioner not merely offering no explanation for such possession but even denying recovery of goods from his truck-No exception, held further, could be taken to judgments of Courts below, in circumstances holding petitioner having committed offence under S. 411. [Presumption-Possession of stolen property].

S 411-stolen property-S.411 covers both receipt and retention of stolen property-Accused charged for retaining stolen property and actually found in possession of such property almost immediately after theft, held rightly convicted under S.411 and on proper charge.

Recovered from unlocked box lying in house jointly shared by accused, his brother and father-Guilty possession of accused not established.