(1.) THESE two appeals have been heard together, as they raise common questions of law. In both these cases, the accused were found distilling liquor. Certain quantities of illicit liquor and wash were also found in their possession. They have been convicted under Section 65 (b), Bombay Prohibition Act for manufacturing liquor, Section 66 (b) for possessing liquor and Section 65 (f) of the Act for possessing materials and apparatus for the purpose of manufacturing liquor. On the evidence led against the accused, we felt satisfied that their convictions were correct.
(2.) EVEN though the main offence committed by them is that of manufacturing liquor, there is no doubt that their convictions for the offences of having in their possession liquor and materials and apparatus for preparing liquor are also legal, in view of Section 235, Criminal P. C. see illus. (i) (j) and (m) to that section. We, however, admitted the appeals in order to consider whether the separate sentences passed on the accused for these three offences were legal and proper.
(3.) THE question has to be determined by reference to the provisions of Section 71, Penal Code and Section 35, Criminal P. C. Section 27, Bombay General Clauses Act will not apply, as the acts committed by the accused do not constitute offences under two or more different enactments.
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