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In Re: Public Prosecutor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCri. Appeal No. 623 of 1950
Judge
Reported inAIR1951Mad716
ActsCode of Criminal Procedure (CrPC) , 1898 - Sections 403 and 403(2); Madras Prohibition Act, 1937 - Sections 4(1) and 4A
AppellantIn Re: Public Prosecutor
Advocates:Party-in-person
DispositionAppeal dismissed
Excerpt:
- - facts in a soarch made by the prohibition sub-inspector of the house of the accused, be found arrack as well as articles used for distillation & also found the accused in a state of intoxication......accused for an offence under section 4-a, prohibition act, & had him convicted. the police again filed a charge-sheet against the accused for offences under section 4(1)(a) & (g) of the same act & he was acquitted on the ground that section 403, cr.p.c. was bar to a second prosecution on same facts. the state filed the appeal against the acquittal.1. section 403, cr. p. c. will notapply as under section 403, clause (2) the accused may be tried for a distinct offence for which a distinct charge might have been made against him in the former trial. the lower ct. was wrong in holding that section 403, cr. p. c. is a bar to the present trial. however as the accused has already been convicted of the offence under section 4-a, madras prohibition act, it is unnecessary to prosecute him again.....
Judgment:
ORDER

Somasundaram, J.

FACTS

In a soarch made by the Prohibition Sub-Inspector of the house of the accused, be found arrack as well as articles used for distillation & also found the accused in a state of intoxication. The police prosecuted the accused for an offence under Section 4-A, Prohibition Act, & had him convicted. The police again filed a charge-sheet against the accused for offences under Section 4(1)(a) & (g) of the same Act & he was acquitted on the ground that Section 403, Cr.P.C. was bar to a second prosecution on same facts. The State filed the appeal against the acquittal.

1. Section 403, Cr. P. C. will notapply as under Section 403, Clause (2) the accused may be tried for a distinct offence for which a distinct charge might have been made against him in the former trial. The lower Ct. was wrong in holding that Section 403, Cr. P. C. is a bar to the present trial. However as the accused has already been convicted of the offence under Section 4-A, Madras Prohibition Act, it is unnecessary to prosecute him again under Section 4 (1) (a), Madras Prohibition Act. The ends of justice do not require the subsequent prosecution. The appeal is accordingly dismissed.


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