In Re: Vellai Ocha Thevan

Miller, J.—The evidence in this case is that 18 months after a theft of 29 currency-notes, each of the value of Rs. 100, four of the stolen

notes were found in the possession of the accused. He did not explain the possession but denied that he had ever had the notes with him.

The question is whether, under these circumstances, the Magistrates were right in convicting him of dishonest retention of stolen property.

There is no circumstance to suggest that he was the thief and in the case of currency notes, at any rate of those not of large value, it seems to me

impossible to hold that possession, a year and a half after the theft, of a few of the stolen notes is by itself evidence, pointing to guilty knowledge on

the part of the possessor, I do not find in the judgment of the Courts below anything to suggest that the accused is not a person who is likely to

have had dealings to the amount of Rs. 400 in a single transaction, so as to render suspicious his possession of four notes of Rs. 100, which were

all stolen on the same occasion, or any other suspicious circumstance against him,

I find then no circumstances stated in the judgment of either Court below which would justify a presumption of guilty knowledge in this case in

the absence of an explanation, and consequently the fact that the accused has given a false explanation of his possession is not sufficient to warrant

his conviction.

I must set aside the conviction. The sentence of imprisonment has already expired. The fine must be refunded, if paid.