IN RE: S. VAIYAPURI AND ANR. Vs. STATE

JUDGEMENT

(1.) THE revision proceeding involves a point of some interest, with regard to the interpretation of Section 75 of the Madras City Police Act (III of 1888). We may take it as established on the facts and evidence that, according to the Court below, the two revision petitioners (A -1 and A -2) were found guilty of riotous and disorderly behaviour in a public place. They were each sentenced under Section 75 to a fine of Rs. 35 or to rigorous imprisonment for one week in default.

(2.) AS is well known, Section 75 reads as follows:

(3.) I think that another powerful ground can be furnished why the interpretation should be disjunctive, and not additive. This is apart from the fact that according to the terms of the section, there is a comma after the words "whoever is found drunk and incapable of taking care of himself". The reason is that, if we adopt the alternative interpretation, not only does it mean that a sober person who is guilty of riotous, disorderly or indecent behaviour in a public place is not punishable under that section at all, but it also means that only persons who are drunk and incapable of taking care of themselves, and in that state are guilty of committing riotous, disorderly or indecent acts, are punishable under Section 75 . A person who is not merely drunk but is also incapable of taking care of himself will presumably be incapable of any act at all, and might be immoblised or in a stupor. It could not have been the intention of the Legislature that, in addition to being drunk and deprived of even the faculty of taking care of himself in a public place, the person must also commit some riotous, disorderly or indecent act, to come within the mischief of the section. Consequently, with respect, I adopt the interpretation of the learned Judges in the earlier precedents that I have referred to. It follows that the present revision petitioners were rightly convicted, though there was no evidence that they were drunk and incapable of taking care of themselves on the occasion of the offence. The Revision Petition is accordingly dismissed.