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The Queen Vs. Rammayya - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad131
AppellantThe Queen
RespondentRammayya
Excerpt:
abkari act, sections 21, 22 - licensed vendor found in possession of liquor after period of license--no offence. - .....it stood alone would no doubt raise a liability to fine in all cases in which a person was found in possession of a quantity of liquor larger than that allowed without a valid permit and would embrace the case of a licensed vendor whose license had expired and who still retained possession of spirituous liquor above the permitted quantity; but if this section 22 were intended to apply to such cases the provision in section 21 would not have been enacted, limiting, as it does, the liability of licensed vendors whose license has expired to the case in which they are found in possession of liquor kept for the purposes of sale.2. this provision must, we think, be read as an exception to the general provision in section 22.3. we are of opinion, therefore, that the second-class magistrate's.....
Judgment:

Innes and Muttusami Ayyar, JJ.

1. We are of opinion that Section 22(b) of the Abkari act must be read with Section 21(a). The latter section if it stood alone would no doubt raise a liability to fine in all cases in which a person was found in possession of a quantity of liquor larger than that allowed without a valid permit and would embrace the case of a licensed vendor whose license had expired and who still retained possession of spirituous liquor above the permitted quantity; but if this Section 22 were intended to apply to such cases the provision in Section 21 would not have been enacted, limiting, as it does, the liability of licensed vendors whose license has expired to the case in which they are found in possession of liquor kept for the purposes of sale.

2. This provision must, we think, be read as an exception to the general provision in Section 22.

3. We are of opinion, therefore, that the Second-class Magistrate's decision is sustainable and that there is no ground for our interference.

4. Ordered accordingly.


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