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Facts Suggesting an inference. Facts suggesting an inference. In many. Difficult question, however, arise concerning facts suggesting an inference. The Calcutta case of Booth v. Shipping agents in Calcutta , a bill of lading and invoice relating to certain goods then on board the steamship, 'Borneo', and paid them Rs. The invoice described the goods covered by it as 6 bales of old wearing apparel, shipped by C. The bill of lading stated the goods to be 6 packages of old wearing apparel 'R. The goods arrived in Calcutta by the ship 'Borneo' and were seized in the Customs House before clearance. On revision, the High Court altered the conviction to one of attempting to import cocaine under section 61 of that Act. It appears that the appellant, Booth, was also suspected by the customs authorities in connection with the above transaction, and, before Kali Charan was convicted, the customs authorities had obtained an order to detain all letters addressed to G. A letter addressed to C. Two telegrams purporting to have been sent by C. Barker, 71, Canning Street-the business place of the appellant Booth-were also intercepted by the authorities. Of these, one was addressed to the telegraphic address of C. The other addressee was, or had been, a partner of the appellant. The handwriting of the name and address of the sender in the telegram was found to have been that of the appellant. Two letters posted in England and addressed to the appellant, of which one stated 'your mills received', were also intercepted at the post office and delivery withheld. The appellant was tried before the Second Presidency Magistrate for unlawfully importing cocaine, and convicted. There was an appeal to the High Court. The principal argument on behalf of the Appellant was that the only evidence on which the conviction could be based was the letter dated 28th January, , addressed by the appellant to C. The letters posted in England and addressed to the appellant never came into his possession. They were not, therefore, admissible against him, according to his contention. As regards the letter dated 28th January, , written by the appellant, it was contended that it was not written by him, and even if it was written by him, it only showed partnership with consignor of the goods. The consignors were the exporters from London, but they were not importers into Bengal. The importer under the Bengal Act is the buyer in India. The property in the goods passed to Ram Prasad, and no connection was shown between Ram Prasad and the accused, and, therefore, there was no importation into Bengal on behalf of the accused. Dismissing the appeal, the Calcutta High Court held, firstly, that the letter was written by the appellant; secondly, that even though the letter was not signed, it was well-settled that a letter written by the accused person, when self-disserving, is prima facie evidence against him, if it relates distinctly to a relevant point. It is enough if it is traced to the writer in this case, the handwriting was proved to be that of the appellant on the expert evidence of Mr. Hardless and other evidence. Thirdly, it was immaterial that the accused was not the consignee; he was certainly an importer, and he did attempt to import cocaine in contravention of the law, even though it was not possible to determine with precision the benefit that might have accrued to him under a successful venture. Barker and referring to the telegram, was addressed to Booth, would be a relevant fact under section 11 of the Evidence Act1 and cogent evidence to show that Booth was the sender of the telegram'. The High Court followed the English case of Queen v. Cooper, 1 QBD on this point. In that case, A was charged with obtaining and attempting to obtain money by false pretences from four persons by an advertisement offering employment to all who sent him one shilling in stamps. Letters from other persons expressed to be in answer to the advertisement, and each enclosing twelve one penny stamps, were held to be admissible, although the letters had been intercepted at the post office and had never, in fact, reached A and could consequently be deemed at best, only constructively in his possession. While the above Calcutta case is one where section 11 was applied, we may refer to another Calcutta case,1 where the section was regarded as inapplicable. A and B were charged with theft committed in in the house of a prostitute; evidence was brought forward to show that C and D committed a theft in the house of another prostitute in , in somewhat similar circumstances. It was held that the evidence was not admissible either under section 9 or under section 11 to prove that A and B were the same persons as C and D. Presumably, the court did not regard the earlier theft as rendering the fact in issue in the present case 'highly probable'. Follow SCJudgments. Login : Advocate Client. Report No. Facts Suggesting an inference 7. Emphasis supplied. Powered by Neosys Inc. Information provided on advocatekhoj.

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Darjeeling where can I buy cocaine

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Darjeeling where can I buy cocaine