ELUMALAI Vs. STATE

JUDGEMENT

(1.) THE Appeal is preferred against the conviction of the Appellant under Section 4(1)(i), 4(1)(aaa) & 4(1-A)(ii) of Tamil Nadu Prohibition Act and sentenced him to undergo Rigorous Imprisonment for two months and to pay a fine of Rs.500/- in default to undergo Simple Imprisonment for one week for the offence under Section 4(1)(i) of TNP Act; to undergo two years R.I. and to pay a fine of Rs.2,000/- in default to undergo R.I. for four months and sentenced to undergo R.I. for four years and to pay a fine of Rs.4,000/- in default to undergo R.I. for one year by the learned Principal District and Sessions Judge, Namakkal, in S.C. No.64 of 2006 dated 27.7.2006. THE sentences were ordered to run concurrently and the detention period of the Appellant was ordered to set off under Section 428 of Cr.P.C.

(2.) PW1 lodged Complaint-Ex.P.1 with Respondent-Police stating that he is a flower vendor, that he used to consume liquor, that on 13.11.2005, he went to Athipazhaganur village and after selling flowers, he enquired who was selling liquor and knew that the Accused was selling the liquor and he proceeded there. He saw the Accused keeping two lorry tubes with the capacity of 60 litres in which he was having 55 litres each and pouring liquor in a 5 litres white colour can from the tube. PW1 asked him to give liquor for Rs.10/-. He received the amount and gave one glass of liquor. The liquor was in a strange colour. On enquiry, the Accused told that was special arrack that would give more kick. PW1 consumed it. He asked his name for which the Accused told that his name is Elumalai, he is residing near Mariamman Temple at Kutladampatti village and he used to sell the liquor in the same place every day at 6.00 a.m. to 11.00 p.m. PW1 felt irritation in his stomach and eyes and he immediately came back to his house at 7.00 a.m. PW2, wife of PW1 asked him to take food. He vomitted. At about 9.30 a.m. he came to consciousness. His wife told him that he vomitted for three times and she gave plantain bark juice. PW1 on earlier occasions did not experience this type of unconscious. He suspected that the liquor sold by the Accused would have some poisonous substance. He again felt irritation on his stomach and eyes. His wife took him to Rasipuram Govt. Hospital. Before going there he went to Rasipuram Police Station, narrated the incidents and lodged Complaint-Ex.P1.

(3.) POINT for consideration: