In Re: Vyapuri Kavandan

Lakshmana Rao, J.—The petitioner was a toddy renter before the introduction of Prohibition and he has been convicted u/s 4(1)(a) and (g) of the Madras Prohibition Act and sentenced to rigorous imprisonment for two months and a fine of Rs. 50 under each sub-clause. The evidence of P.W. 1 the Sub-Inspector shows that on his way to the house of the petitioner with a search warrant the petitioner emptied a pot of arrack into his well and on search M.O. 3 the pot containing fermented wash, M.O. 4 the bottle containing some drops of illicitly distilled arrack, M.O. 5 the basket of jaggery and M.O. 6 the pot containing velvelan bark and cocoanut flowers, were found in the house. P.W. 2 the search witness corroborates P.W. 1 and the denial of the petitioner is worthless. The conviction of the petitioner u/s 4, Clause (1)(a) and (g) is therefore correct but a distiller of arrack will necessarily possess the arrack and separate sentences are not called for. The sentence of the petitioner is therefore reduced to rigorous imprisonment for two months and a fine of Rs. 50 with rigorous imprisonment in default for one month and otherwise this petition is dismissed. The excess of fine if levied will be refunded.