MANIRAM GUNJU Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THIS Criminal revision is directed against the petitioner's conviction under Section 4 of the Assam Liquor Prohibition Act, for consuming liquor in the prohibited area, and sentence of three months' rigorous imprisonment and a fine of Rs. 100/ -, in default one month's rigorous imprisonment.

(2.) BRIEFLY the prosecution case is that on the night of 22nd of March. 1964 at about 9 P.M. the accused petitioner was found in a drunken state at the platform of Jakhalabandha Railway Station. He was caught by the Excise staff and then produced before the Medical Officer at Silghat Dispensary, who examined him then and there, and found as follows:

(3.) THE State Legislature of Assam passed the Assam Liquor Prohibition Act (Assam Act I of 1953), hereinafter called "the Act", in 1953. This Act has since been amended. The preamble of the Act shows that it was passed in order to prohibit consumption and manufacture of liquor in and smuggling thereof into the Sub -division of Barpeta and in other areas of the State as may be necessary from time to time. The Act has since been extended to other areas and it is not disputed that the place, where the offence Is said to have been committed in this case, is within the prohibited area. This Act has since been amended by four successive Acts, namely, Assam Act XXXI of 1953, Assam Act XIII of 1956, Assam Act XIX of 1956 and Assam Act XI of 1963, and we will describe them hereinafter as the first, second, third and fourth amendment, respectively. The definition of liquor is given under Section 2(3) and it has been amended under the second and third amendments. The third amendment besides deleting the Explanation inserted new Sections 3 -A, 3 -B and 3 -C. In the fourth amendment, inter alia, another Section 3 -A is added regarding presumption as to the State of drunkenness. Section 3 -A in this amendment is not numerically correct as there had already been a Section 3 -A introduced in the third amendment. We will, therefore, refer to this section as Section 3 -A (1963) and the earlier Section 3 -A as Section 3 -A (1956) to avoid confusion. The original definition of liquor under Section 2(3) runs as follows: