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1999 DIGILAW 2651 (MAD)

Rajamony, In re. v. .

1999-11-30

M.ANANTANARAYANAN

body1999
Order This Criminal Revision is upon a short and simple question. The revision petitioner (Rajamony) was convicted of an offence under section 4 (1) (b) of the Madras Prohibition Act, and sentenced to suffer rigorous imprisonment for six months, and to a fine of ten rupees. The conviction and sentence were confirmed by the learned District Magistrate (Judicial) of Kanyakumari in appeal. Admittedly, the sentence is the minimum provided for under the law. Upon the merits of the conviction, learned Counsel for the revision petitioner points out that the officer who conducted the raid (P.W. 1) is the sole witness to the facts, the alleged mahazar witnesses (P.Ws. 2 and 3) having turned hostile to the prosecution. That is true, and it would be a circumstance of some weight in a ease where the person engaged in illicit distillation had not been apprehended on the spot. That was actually the case with another person called Mathias, the alleged co-offender with this revision petitioner, who is not before Court. But the revision petitioner was bodily apprehended, and taken to the Police Station and he was been unable to deny that he was apprehended, taken to the Police Station and charge-sheeted, though he would deny that he had been engaged in illicit distillation. Another ground urged is that section 32 of the Act was not complied with ; but I note that there was substantial compliance, and that a portion of the wash was preserved for analysis. Both in Rajabathar v. State1 and in Rajamanickam v. State2 this Court has pointed out that it is not every subsidiary omission to comply with the strict terms of section 32 of the Prohibition Act which will vitiate, the trial though that is a statutory safeguard, which the Police are bound to comply with, as far as possible. Hence, I am unable to see adequate grounds for interference in Revision with the conviction, and I do not see any special circumstance or circusmstances which would justify interference with the sentence imposed. Both are confirmed and the Revision is dismissed. K.S.-----Revision dismissed.