KARUPPASAMY THEVAR AND VELUTHAI Vs. STATE

JUDGEMENT

(1.) This is a Revision Petition by the two accused.

(2.) The facts are briefly as follows:- On 22-5-1984 at 8:30 A.M., the Sub-Inspectors of Police (P. Ws. 1 to 3) constituting a Prohibition Wing, conducted a raid in Sooriyaminukki Village in Tirunelveli District. They found inside a mango grove three persons busily engaged in distilling arrack illicitly. When the police party approached, two persons, namely, the father and the mother ran away, and the son was apprehended. He was a juvenile. He was tried separately. The father and mother who escaped, upon details given by the son, were arrested by some other Police Officer.

(3.) A report was filed by P.W.3 under S. 173 Cr.P.C. stating that an offence under S. 4(1) of the Tamil Nadu Prohibition Act appeared to have been committed by the two accused. They were charged and convicted accordingly and sentenced to rigorous imprisonment of six months and fine of Rs. 2,000 each. On appeal, the same was confirmed by the Sessions Court of Tirunelveli by judgment dated 14-8-1985. Hence this Revision Petition.