Judgement

RAMASWAMI, J.: This appeal is brought by certificate granted under Art. 134(1)(C) of the Constitution from a judgment of the Madras High Court dated April 29, 1963 in Criminal Appeal No. 251 of 1963 affirming the conviction of the appellant - Sri Mahant Kaushalya Das under S. 4(1)(a) of the Madras Prohibition Act and the sentence of one year rigorous imprisonment and a fine of Rs. 50 or in default rigorous imprisonment for one month.

2. The appellant is the hereditary Mahant of Sri Bairaghi Matam - a Hindu Religious and Charitable Institution of a monastic nature. The appellant has been residing in the Matam premises, Elephant Gate, Madras which is a public place of worship. On March 22, 1963 at about 10 a.m. the appellant was arrested by the police and immediately produced before the VIII Presidency Magistrate on the same day on a charge under S. 4(1)(a) of the Madras Prohibition Act on the allegation that he was in possession of 3,960 grams of ganja concealed in a wooden box in the Matam premises without any permit. The appellant pleaded guilty to the charge and upon that plea he was convicted by the Magistrate to rigorous imprisonment for one year and a fine of Rs. 50, i