1. This appeal by the State is against the order of the Second Class Magistrate, Cannanore acquitting the respondent (accused) who was tried for an offence under S.9 of the Kerala Prohibition Act and S.51 of the Kerala Police Act. The case against him was that at about 7-30 p.m. on 27-12-64 he was found in a state of intoxication on the public road at Eripuram and that he was behaving in a riotous and disorderly manner. Pw.3 the Sub Inspector has deposed that he actually found the accused behaving in a disorderly manner and that he arrested him. Within half an hour of the arrest he was produced before the medical officer Pw.l who examined him and gave the certificate Ex. P-1. In that certificate all the signs that he noticed have been clearly stated and he has given his opinion that the accused had consumed alcohol and was under its influence. It may be that he had not examined urine, blood etc., but that by itself is no reason to think that he was not in a state of intoxication. The argument that he would have consumed some medicinal preparation would not help the accused as S.9 only speaks of being in state of intoxication in any public place as distinct from a person