The two appellants appeal against their conviction for offences under section 10 (a) read with rule 7 (d) of G.O.Ms. No. 3031, Home, dated 1st November, 1958, framed under section 16 (1) of the Madras Prohibition Act, for alleged possession, without requisite medical prescription, of 1150 bottles of some Ayurvedic preparations containing an admixture of chloral hydrate, an intoxicating drug. Accused 1 is owner of the shop. Accused 2 is his servant.

The shop of Accused 1, situated at No. 26, Mambalam High Road in T. Nagar was searched between 7-30 p.m. and 8 p.m., on 10th February, 1968 in the presence of P.W. 2 and one Veerappan (not examined). Both Accused 1 and 2 were present. In the course of such search, P.W. 1 found 950 bottles (M.O. 1 series), each bearing a label marked “Usrabala Kashayam- Product of Jothi Pharmacy, H.O. Five Falls Road, Courtallam.” Besides M.O. 1 series, there were also 200 bottles (M.O. 2 series), each bearing a label marked “Amirthathi Kashayam, Jothi Pharmacy, Five Falls Road, Courtallam.” The Company seals on all the bottles in M.Os. 1 and 2 series were found to be intact P.W. 1’s suspicion about the intoxicating nature of the coloured conten