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1996 Supreme(Mad) 134

KARPAGAVINAYAGAM
Simson and Others – Appellant
Versus
State, Inspector of Police, Tuticorin South – Respondent


Advocates:
A.D. Jagadish Chandra, for Petitioners. Govindarajan, Government Advocate, (Criminal Side), for Respondent.

Judgment :

This revision has been preferred by the petitioners against the Judgment in C.A.No.86 of 1992, dated 111. 1992 on the file of the Sessions Judge, Tuticorin, confirming the conviction and sentence imposed by the Judicial Magistrate No. 1, Tuticorin in S.T. No. 1774 of 1991, dated 13. 1992, sentencing each of the petitioners to pay a fine of Rs.200 for the offence under Sec.4(1)(i) of the Tamil Nadu Prohibition Act, and in default to undergo S.I. for one month.

2. The case of the prosecution is as follows:

It is alleged that on 29. 191 at 6.30 p.m. in a shop at V.E. Road, near Railway colony the petitioners were found selling unauthorisedly liquor bottles and that P.W.1 Head constable and P.W.2 Sub Inspector of Police went and searched the shop and recovered the brandy bottles as well as the sale proceeds under Ex.P-1 mahazar, attested by local village Administrative Officer, and after investigation, charge-sheet has been filed by the respondent/police against the petitioners for the offence under Sec.4 (1)(i) of the Tamil Nadu Prohibition Act.

3. On the side of prosecution P.W.1 Head Constable and P.W.2 Sub Inspector of Police were alone examined. The mahazar witness, viz




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