The petitioner was convicted by the Sub-Magistrate of Villupuram of an offence under section 4 (1) (a) of the Madras Prohibition Act for transporting liquor bottles, of which eight were half bottles of Highland whisky, four half bottles of Koday’s old whisky and four half bottles of Sovereign pure brandy, from Pondicherry to Villupuram. The case for the prosecution was that at 10-20 p.m. on 13th July, 1961 the Sub-Inspector belonging to the Villupuram Railway Police was watching for prohibition offences at the Villupuram Railway Station platform. At the time, he stopped the petitioner and on suspicion searched him with the result that he was found to have a bag containing the bottles of whisky and brandy. Along with the bottles was seized also a third-class Railway ticket from Pondicherry to Villupuram. According to the prosecution, a mahazar was prepared attested by two witnesses for the seizure of the bottles of whisky and brandy, as also the Railway ticket. The only evidence on which the prosecution sought to prove the case, was that of the Sub-Inspector of Police. Both the Courts below accepted his evidence and convicted the petitioner as aforesaid.

On behalf of the peti