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1956 Supreme(Mad) 152

SOMASUNDARAM, RAMASWAMI GOUNDER


Advocates:
K.S. Jayarama Ayyar for Petitioner.
The Public Prosecutor (P.S. Kailasam) on behalf of the State.

Ramaswami Gounder, J. - The accused has preferred this revision to this Court against his conviction under section 4-A of the Madras Prohibition Act 1937 both by the Sub-Magistrate, Tiruchengode, and the Sub-Divisional Magistrate Sankari in appeal, and sentence of a fine of Rs. 100. That section lays down that whoever is found in a state of intoxication in any public place. . . .shall be punished with imprisonment which may extend to six months or with a fine which may extend to Rs.1000 or with both. While the Legislature has made intoxication in a public place a punishable offence, it is somewhat surprising that it has not taken care to define what intoxication means. In the absence of any statutory definition we will have to adopt its ordinary etymological meaning, namely, a condition produced by excessive use of alcoholic stimulants, as defined in Dorland’s American Medical Dictionary. It will be seen that section 4(1)(j) also provides that whoever consumes-----liquor or any intoxicating drug shall be punished with imprisonment and fine, and so, the offence under section 4-A appears to be an aggravated form of the offence under section 4(1)(j). In this case, both the Courts belo
























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