The evidence of the doctor shows that even if old sugar juice was taken it may smell like illicit distilled arrack. The other symptoms noted, namely, red eyes and talking at random are consistent with the conduct of a person who is rudely awakened from his sleep and questioned in the manner he has been done. It is the duty of the prosecution to prove that the smell can come only from illicit distilled arrack, if the inference is to be drawn about consuming liquor from the smell alone. This it has not done. The other symptoms also must be proved to be due only to the effect of liquor. Such a proof is lacking. In the circumstances, it cannot be stated that the prosecution has made out its case beyond all doubt. The conviction and sentence are set aside and the accused is acquitted.

K.S. ----- Petition allowed.