The petitioner is the wife of one Venkatachalapathi Rao. She and her husband were prosecuted before the Special Sub-Magistrate, Vijayawada, under section 4(1)(a) of the Madras Prohibition Act. The Magistrate found them guilty and sentenced them to under go R.I. for one month each.

The convicted persons appealed to the Joint Magistrate, Vijayawada. He acquitted the second appellant. He confirmed the conviction of the petitioner but for the sentence of one month’s R. I. that had been imposed on her, he substituted a fine of Rs.400. The petitioner now seeks to canvass the correctness of this order of the joint Magistrate.

The facts found are these. The petitioner and her husband live in the same house. On 29th October, 1951, a prohibition party went to the house of the second appellant; persons were posted to guard the house and then mediators were sent for. At that time the petitioner who had got thoroughly alarmed came out to the verandah and took out from her saree a packet which contained 12 bottles labelled ‘Happy Syrup’. On chemical analysis, these were found to contain 2·3 per cent, alcohol and 4·91 per cent. chloral hydrate, both being intoxicants, coming under the Prohib