1. This revision petition is against the order of the District Magistrate, Tellicherry dismissing an appeal filed by the petitioner against the conviction and sentence passed on her by the Sub-Magistrate,

Cannanore for offences under the Madras Prohibition Act.

2. The case against her was that on 20 81961 the police recovered from the house where she and her husband were residing, materials and apparatus used in distilling arrack as well as considerable quantities of arrack and fermented toddy. Both the wife and the husband were charged with the offences punishable under S.4 (1) (a) and 4 (1) (g) of the Madras Prohibition Act. The learned Sub-Magistrate of Cannanore convicted and sentenced them each to a concurrent term of two months' rigorous imprisonment & a fine of Rs. 200/-. On appeal the learned District Magistrate, Tellicherry, while upholding the conviction against the petitioner acquitted her husband accused 2 on the ground that as he was not present in the house at the time of the search and as he has two wives and there is no evidence to show with which one of these he was permanently living he cannot be held to have been in constructive possession of the contr