IN RE: VELLAISAMY Vs. STATE

JUDGEMENT

(1.) The accused was convicted by the learned Sixth Presidency Magistrate, Saidapet, Madras, under Section 5 of the Madras Prohibition Act for possession of spirit or preparation containing spirit in respect of which he knows or has reason to believe that attempt had been made to render it fit for human consumption. He was sentenced to rigorous imprisonment for six months and to pay a fine of Rs. 750 with default sentence. He appeals from the conviction and sentence.

(2.) The prosecution case against the accused is this. On information received, P.W. 1 Inspector of Police with a party of persons went to the shop of the accused in Appu Mudali Street. As soon as the police van neared the shop, the accused was found running away. His shop was searched in the presence of two witnesses and a bottle M.O. 1 containing four ounces of liquor was recovered under a mahazar Exhibit P-1. Chemical examination showed that this spirit had been mixed with articles like caoutcheucine and pyridine and the report of the Chemical Examiner was that attempt had been made to make it potable. P.W. 2 corroborated the version of the search and the recovery. The accused's plea was that he was elsewhere in Dindigul at that time and that he knew nothing of the search.

(3.) He did not examine any defence witness. The learned Magistrate accepted the prosecution case and convicted the accused as stated above and sentenced him.