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In Re: Shanmugam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai High Court
Decided On
Case NumberCriminal Revn. Case No. 909 and Cri. Revn. Petn. No. 894 of 1951
Judge
Reported inAIR1954Mad376; (1952)IIMLJ579
ActsMadras Prohibition Act, 1937 - Sections 4A
AppellantIn Re: Shanmugam
Appellant AdvocateP.S. Chandrasekhara Aiyar and ;P.S. Ramachandra Aiyar, Advs.
Respondent AdvocateAsst. Public Prosecutor
Excerpt:
- - 1. the evidence of the doctor shows that even if old sugar juice was taken it may smell like i.ordersomasundaram, j. 1. the evidence of the doctor shows that even if old sugar juice was taken it may smell like i. d. arrack. the other symptoms noted namely red eyes and talking at random are consistent with the conduct of a person who is rudely awakened from his sleep and questioned in the manner he has been done. it is the duty of the prosecution to prove that the smell can come only from i. d. arrack, if the inference is to be drawn about consuming liquor from the smell alone. this it has not done. the other symptoms also must be proved to be due only to the effect of liquor. such a proof is lacking.2. in the circumstances it cannot be stated that the prosecution has made out its case beyond all doubt. the conviction and sentence are set aside and the accused is acquitted.
Judgment:
ORDER

Somasundaram, J.

1. The evidence of the doctor shows that even if old sugar juice was taken it may smell like I. D. Arrack. The other symptoms noted namely red eyes and talking at random are consistent with the conduct of a person who is rudely awakened from his sleep and questioned in the manner he has been done. It is the duty of the prosecution to prove that the smell can come only from I. D. arrack, if the inference is to be drawn about consuming liquor from the smell alone. This it has not done. The other symptoms also must be proved to be due only to the effect of liquor. Such a proof is lacking.

2. In the circumstances it cannot be stated that the prosecution has made out its case beyond all doubt. The conviction and sentence are set aside and the accused is acquitted.


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