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In Re: Shanmugam

Type Court Judgment Court Chennai Decided Mar 13, 1952
~1 min read
https://sooperkanoon.com/case/796155

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
Criminal Revn. Case No. 909 and Cri. Revn. Petn. No. 894 of 1951
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- - 1. The evidence of the doctor shows that even if old sugar juice was taken it may smell like I.

Key legal issue
Criminal
Acts & sections
Madras Prohibition Act, 1937 - Sections 4A

Parties & Advocates

Appellant / Petitioner

In Re: Shanmugam

Advocate P.S. Chandrasekhara Aiyar and ;P.S. Ramachandra Aiyar, Advs.

Respondent

Advocate Asst. Public Prosecutor

Legal References

Acts
Madras Prohibition Act, 1937 - Sections 4A
Reported In
AIR1954Mad376; (1952)IIMLJ579

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.

Full 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.

Continue Your Research

Same Parties In Re: Shanmugam vs Same Subject Criminal Same Judge Somasundaram, J. Acts & Sections Madras Prohibition Act, 1937 - Sections 4A
Criminal

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