This criminal revision is directed against the conviction of the accused u/s 4 read with sec. 3(1) of the Assam Liquor Prohi­bition Act, 1952, for short 'the Act' for possessing liquor and sen­tencing him to suffer S.I. for one month.

2. THE CRIME AND THE PUNISHMENT :

Section 3(1) of the Act spells out the offence which is extra­cted below :

"3. Prohibition-No person shall- (1) transport, import, or possess liquor."

Section 4 of "the Act'' postulates that whoever contrave­nes the provisions of sec. 3 shall be punishable with imprisonment for a term which may extend to two years but not less than three months and also with fine which may extend to one tho­usand rupees but not less than one hundred rupees. The proviso is not relevant to the case. It is thus seen that imprisonment is compulsory if a person is found guilty and the punishment can not be less than 3 month with fine.

3. THE GENESIS OF THE PROSECUTION CASE :

On 20.11.75 the Excise staff entered and searched the tea stall owned by the accused, and recovered five litres of illicitly disti­lled liquor and a few liquor smelling glasses in the kitchen of the stall. The accused, the owner of the tea stall and one Kumar Chetri, his emp

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