KALYANASUNDARAM Vs. STATE

JUDGEMENT

(1.) THE accused in C.C. 397/89 on the file of Judicial Magistrate No. 1, Tirunelveli, have filed this petition under Section 482 Cr.P.C., praying to call for the records in the above case and quash the same.

(2.) SHORT facts are : The respondent has filed the charge-sheet against the petitioner for offences punishable under sections 4(1)(a) and 4(1)(j) of Tamil Nadu Prohibition Act, 5(1)(a), 7(1) and 7(2)(a) of Suppression of Immoral Traffic Act (which I shall hereafter refer to as 'SIT Act') and under section 353 I.P.C. The allegations in it are briefly as follows : On 21-10-1987, A1 to A4 procured A7 for the purpose of prostitution and brought her to Room No. 7 of the Circuit House for prostitution, after paying Rs. 1,000/- to A7, A5 and A6, who are employees of the Circuit House, allowed the other accused for the said purpose. At about 7.00 p.m., the police party searched the above room, when A5 and A6 were found to be watching, from outside the room. It was found that A1 was having sexual intercourse with A7, at that time. There was some whisky in a bottle in the room. A2 to A4 where found to be holding glass tumbler, containing liquor. Further A1 to A4 were found to have consumed liquor. None of them have licence to possess or consume liquor. When the police party were about to arrest the accused, A4 obstructed them in the discharge of their duties. Hence the charge-sheet.

(3.) I Shall next pass on to the evidence regarding offence under Tamil Nadu Prohibition Act (which I shall hereafter refer to as 'TNP Act'). Section 4(1)(a) of TNP Act reads as follows : ". 4. (1) Whoever - (a) imports, exports transports or possesses liquor or any intoxicating drug". Section 4(1)(j) of TNP Act reads as follows : "consumes of buys" Statements given by PW 1 Govindan would show that A1 to A3 were each having a glass tumbler, containing liquor and that A1 to A4 were in a drunken state. They were taken to the doctor and certificates to drunkenness were given by the doctor, regarding A1 to A5. So there are materials to proceed with for these offences.