Order.- This is a reference under section 438(1) of the Criminal Procedure Code made by the District Magistrate on a Revision Petition filed by the Collector to set aside the order passed by the Magistrate, Kattakada, under section 61-A(1) of the Prohibition Act that an amount of Rs.250 out of the fine of Rs. 500 collected will be given to the Sub-Inspector of Police, Kattakada. In C.C. No. 1146 of rc62 on the file of the Sub-Magistrate. Kattakada, the learned Magistrate convicted the accused on his plea of guilty to the charge under section 8(1)(j)and section 9 of the Prohibition Act and section 51 of the Police Act, the allegation being that on 26th October, 1962 at 11 a.m. the Sub-Inspector of Police found the accused in an intoxicated condition and behaving in a disorderly manner on the public road at Paruthiapally within the prohibition area of the Nedumangad Taluk. The accused admitted the offence and had no cause to show against his conviction. Hence he was convicted under section 8(1)(j)of Act XIII of 1950 and section 51 of the Police Act and sentenced to the minimum sentence of Rs. 500 fine provided for the first offence under section 8(1)(j) of the Prohibition Act. The learned Magistrate without giving any reason ordered under section 61-a that Rs.250 out of the fine if collected will be given to the Sub-Inspector of Police, Kattakada who has according to the learned Magistrate “detected” the offence. The Trivandrum District Collector sought to get that order set aside by a Revision Petition which has occasioned this reference. The order passed by the Sub-Magistrate is unsustainable for more reasons than one. The case against the accused is that he was found in an intoxicated condition and behaving riotously in a public place. The offence comes squarely within the purview of section 51 of the Police Act and since it happened in a prohibition area section 9 of the Act can also be included, but section 8(1)(j)does not come into the picture as there was no case that he consumed or bought the liquor in a prohibition area. Section 61 -A of the Act contemplates the payment of a portion of the fine levied under sections 8, 10, 12 or 17 of the Act only and not under section 9. Section 61 -A of the Act contemplates the payment of a portion of the fine levied under sections 8, 10, 12 or 17 of the Act only and not under section 9. This distinction was evidently made out without a purpose as no question of any assistance being rendered by the Police and Prohibition Officers in the “detection” of the offence arises in a charge under section 9. When a man is found in a state of intoxication in a public place the offence is made out and no question of detection arises at all. The order for payment of the amount forthwith to the Officer is also passed without jurisdiction. Section 61-A only enables the Magistrate who tries the case to make a direction that any portion not exceeding one-half of the fine which may be levied be paid to the Police and Prohibition Officers who may have assisted in the detection of the offence and he is bound to send the amount to be paid to the District Collector who is the authority to distribute it among such of the Officers aforesaid as may be chosen by him and in such proportion as he thinks fit. The jurisdiction to choose the recipient and fix the proportion in which the money is to be distributed rests with the District Collector and not the Magistrate who tries the case and the Sub-Magistrate was actually usurping that function and clutching at jurisdiction as it were when he straightaway ordered the payment of the amount to the Sub-Inspector. I may as well say that even if it was a case in which the Magistrate could have passed an order under section 61-A, it is clearly not one justifying the payment of the maximum amount of Rs.250 to the Police Officer who admittedly did nothing more than charging the case against a person who was found by him on the public road in a drunken state and behaving riotously. One is at a loss to see any semblance of “detective work” behind it. The purpose of the Legislature in making such a provision was to encourage Officers who really ex libit some skill in the detection of the prohibition offences specified therein and bringing the offenders to book. One is at a loss to see any semblance of “detective work” behind it. The purpose of the Legislature in making such a provision was to encourage Officers who really ex libit some skill in the detection of the prohibition offences specified therein and bringing the offenders to book. The Magistrate in his explanation observes that “the award of the amount to the Sub-Inspector was not only for the work done by him but was also intended as an incentive for his enthusiasm to do such world in future”. If the Magistrate did feel so, the proper thing for him to do was to compliment the Officer in the judgment and not to make a lavish gift of a substantial amount of Rs. 250 without jurisdiction. The order passed by the Magistrate is set aside and it is hereby directed that the entire amount collected as fine will go into the Government Coffers. M.C.M. ----- Reference accepted.