THANGARAJ Vs. STATE

JUDGEMENT

(1.) Arvind Distillery and Chemicals Ltd., was located at Kadambuliyur, South Arcot District. It appears that prior to the expiry of the licence, it had applied for renewal of the licence and no orders appeared to have been passed before the expiry of the licence. As any other distillery, it was also posted with excise, officials, inclusive of the guards.

(2.) Between August, 1979 and 20-10-1979, the personnel connected with the distillery, excise officials and third parties, pursuant to a conspiracy hatched among them, carried on distillation in the factory, after the expiry of the licence, removed the rectified spirit from out of the factory premises and clandestinely sold them to third parties with a view to make illegal profits and gain and thereby offended or violated the relevant provisions of the Tamil Nadu Prohibition Act then in force read with the Tamil Nadu Distillery Rules, 1960. The excise officials, besides being the members of the conspiracy, were also stated to have rendered actual aid in the operation of manufacture, clandestine removal and sale to third parties.

(3.) In respect of such transactions, a case in Crime No. 513/ 79 for the alleged offences Under Ss. 4(1)(a), 4(1)(f), 4(1)(jj), 4(1)(i) and 7 (iii) of the Tamil Nadu Prohibition Act, 1937 and R. 29 of the Tamil Nadu Distillery Rules, 1960 read with S. 11 of the aforesaid Act has been registered by the Prohibition Enforcement Wing, Villupuram.