A S KRISHNA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a reference under Section 432, Criminal P. C. by the Third Presidency Magistrate, Saidapet, Madras, in a batch of four cases before-him, all relating to offences under the Madras Prohibition Act. In C. C. No. 5388 of 1953, there are two accused, of whom the first accused is charged with offences punishable under Sections 4 (1) (a), 4 (1) (j) and 24 of the Madras Prohibition Act (which shall hereinafter be referred to as the Act). The second accused is alleged to have committed offences punishable under Sections 4 (1) (k) and 12 of the Act. In C. C. No. 5389 of 1953, the first accused is alleged to have committed offences punishable-under Sections 4 (1) (a) and 4 (1) (j) of the Act, while the second accused is alleged to have committed offences punishable under Section 4 (1) GO and Section 12 of the Act. Similarly, in C. C. No. 5390 of 1953, the offences alleged against the first accused are offences, under Sections 4 CD (a) and 4 (l) (j). Those against, the second accused are under Section 4 (1) (k) and Section 12 of the Act. In C. C. No. 5391 Of 1953, the second accused in the other three cases is the sole accused and he is charged with offences punishable under Section 4 (1) (a) and Section 24 of the Act. The following provisions indicate the nature of the offences of which the several accused have been charged:

(2.) When the four cases were taken up for trial on 26-12-1953, counsel for the accused filed a petition under Section 432, Criminal P. C. praying that the Magistrate may state a case on the points raised in their petition. Arguments were heard, and eventually, the learned Magistrate referred for decision of this Court under Section 432, Criminal P. C, the following questions of law:

(3.) Whether Sections 28, 29, 30, 31 and 32 of the Prohibition Act, in so far as they clothe the power to make searches either with or without obtaining a search warrant from a Magistrate are void as offending Section 107 of the Government or India Act, and Article 254 of the Constitution and whether the said sections are rendered void by Article 13(2)(a) of the Constitution of India.