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1950 Supreme(Mad) 365

GOVINDA MENON


Advocates:
R.V. Raghavan for Petitioner.
The Public Prosecutor (V.T. Rangaswami Aiyangar) for the State.

Order.-

Under the Hemp Drug Rules dated 1st February, 1936, framed under the Indian Abkari Act, there is rule 23 which allows any person to be in possession of not more than three tolas of ganja in the districts of the State of Madras except in the district of Madras and the Agency tracts of Ganjam, Vizagapatam and East Godavari. The accused here has been convicted under section 4 (1) (a) of the Madras Prohibition Act for being in possession of 1/16 tola of ganja and the lower Courts have held that he is guilty of the offence with which he is charged. In a Full Bench decision in Adi Lakshmiammal, In re1, it has been held that in so far as the Prohibition Act repeals the provisions of the Madras Abkari Act, they have not been reserved for the assent of the Governor-General or for the signification of His Majesty’s pleasure and therefore the Madras Legislature had no power to interfere with the Madras Abkari Act so far as possession of dangerous drug is concerned. In that view, the Full Bench held that section 4 (1) (a) as it stands being entirely repugnant to an existing law is completely ultra vires so far as possession of ganja or any other dangerous drug is concerned. At page 44 o




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