THALAVOI Vs. STATE

JUDGEMENT

(1.) CRL .R.C.No. 86 of 1991 is directed against the order of the I Additional Sessions Judge, Tirunelveli in C.A.No. 254 of 1990 confirming the conviction and sentence of the Assistant Sessions Judge, Tenkasi in S.C.No. 241 of 1989 for the offence under Sec. 4(1)(A) of the Tamil Nadu Prohibition Act to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000 and Crl.R.C. No. 499 of 1991 is directed against the order of District and Sessions Judge, Dharmapuri at Krishnagiri in O.A.No. 19 of 1989 confirming the conviction and sentence of the Sessions Judge, Krishnagiri in S.C. No.48 of 1987 for the offence under Secs. 4(1)(A) and 7 read with Sec. 4(1)(j) of the Tamil Nadu Prohibition Act to undergo Rigorous Imprisonment for 5 years and to pay a fine of Rs. 7,000.

(2.) IN the first revision case mentioned above, the prosecution case is that on 12.2.1989 when the Sub -Inspector of Police went for a raid he found the revision petitioner in possession of 5 litres of illicit arrack for sale at about 5 p.m. near Seranmadevi Ammanathan Koil Street near river and after seizure of the arrack the analyst has found that it contained the poisonous substance and therefore, he was prosecuted for the offence under Sec. 4(1)(A) of the Prohibition Act.

(3.) THE trial Judges found them guilty of the abovesaid offences and in Revision No.86 of 1991 the revision petitioner was convicted and sentenced to undergo Rigorous Imprisonment for five years and also to pay a fine of Rs.5,000 whereas in Revision No. 499 of 1991, the revision petitioners were convicted and sentenced to undergo rigorous imprisonment for five years and also to pay a fine of Rs. 5,000. The appellate courts also have confirmed the findings. Hence, these revisions have been filed by the accused persons.