Judgement

VENKATARAMA AYYAR J.: The point for decision in these appeals is whether Ss. 4 (2), 28, 29, 30, 31 and 32 of the Madras Prohibition Act No. X of 1937, hereinafter referred to as the Act, are unconstitutional and void.

(2) It will be convenient first to set out the impugned statutory provisions. S. 4, omitting what is not material, ruas as follows -

4 (1) "Whoever

(a) imports, exports, transports or possesses liquor or any intoxicating drug; or

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(g) uses, keeps or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the tapping of toddy or the manufacture of liquor or any intoxicating drug; or

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(j) consumes or buys liquor or any intoxicating drug, or

(k) allows any of the acts aforesaid upon premises in his immediate possession, shall be punished -

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Provided that nothing contained in this sub-section shall apply to any act done under, and in accordance with, the provisions of this Act or the terms of any rule, notification, order, l