STATE OF M P Vs. V L JETHANI

JUDGEMENT

(1.) THE respondents, V.L. Jethani and Mst. Puribai, husband and wife, were challaned under section 6 (1-A) of the Madhya Pradesh Prohibition Act, but were acquitted by the learned Additional District Magistrate, Durg. THE State Government has come up in appeal against the order of acquittal dated 18th March 1963 in Criminal Case No. 2568 of 1962.

(2.) THE case of the prosecution was that 31 boxes containing bottles of Cimicifuga Aroma and Tincture calendulae were seized from the house of both the respondents, who are husband and wife, and live jointly in the same house. THEir samples were sent to the Chemical Examiner, Agra, for analysis and it was found that no medicinal ingredients could be detected in them, but alcoholic strength was found to be 165 6 per cent proof and 151.3 per cent proof, respectively, vide Ex. P-16, and these could be used as ordinary liquor on dilution. THE respondents were thus prosecuted for the offence under section 6(1-a) of the prohibition Act.

(3.) UNDER section 6 of the Act, possession, manufacture or sale of liquor has been made an offence. 'Liquor' has been defined in section 3(h) of the Act to mean 'intoxicating liquor' and to include 'spirits, or wine spirit, wine, toddy, beer, all liquid consisting of or containing alcohol, and any substance which the State Government may, by notification, declare to be liquor for the purpose of this Act'. UNDER section 28-A of the Act, 'nothiag contained in section 6 shall apply to any medicinal or toilet preparation not containing more alcohol than is reasonably necessary for the extraction, solutiou and dilution of the elements contained therein and for the preservation thereof. Section 28-B then says that if the prohibition Commissioner has reason to believe that any medicinal or toilet preparation contains more alcohol than the quantity permitted under section 28-A, he shall refer the matter for opinion to the Medicinal and Toilet Preparations Board constituted in accordance with the provisions of section 28-E; and if the Board certifies that the preparation referred to it for opinion contains more alcohol than the quantity permitted under section 28-A, he shall, by an order published in the Gazette, declare that such medicinal or toilet preparation shall be deemed to be liquor, and upon such publication, the provisions of section 6 of the Act shall apply to such medicinal or toilet preparation.