GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) This petition under Section 482, Code of Criminal Procedure is to call for the records in S.C. No. 159 of 1992 on the file of Assistant Principal Sessions Judge, South Arcot District at Cuddalore and quash the same.

(2.) The Petitioner is charged for offences, under Section 4(1-A) read with Section 4(1)(a) (Transportation and Possession) 4(1)(i), 5, 7 and 12 of the Tamil Nadu Prohibition Act. A1 to A10, are charged under Ss.4(1-A) read with 4(1)(a) (Transport and Possession), 5, 7 and 12 of the Tamil Nadu Prohibition Act. Petitioner Govindaraj is A8. It is alleged that somewhere in the month of August 1958, the first accused and the 6th accused alongwith other accused 1 to 4 and 7 to 11 and one Kathavarayan, son of Perumal and Sahadevan, son of Kaliyavaratha Gounder, both are since dead, entered into a conspiracy at Panruti whereby A6 to All agreed to supply illicit liquor to A1 to A5 for the purpose of sale in Thattanchavady in Panruti and commit such other connected offences punishable under the provisions of Tamil Nadu Prohibition Act and in furtherance of such conspiracy and with intent to carry on the illicit trade in spurious liquor in Panruti from the year 1988, A6 to A11 supplied by way of sale of illicit liquor from time to time from their licensed shop in Pulladai.

(3.) It is alleged that due to the consumption of the illicit arrack which contained poisonous substance, 36 persons died and the individuals given in the list-2 of the charge, sustained grievous hurt by losing their eye-sight and the individuals given in the list-3, sustained simple hurt.