This is an appeal sought to be filed by the Public Prosecutor against the order of acquittal passed by the Stationary Sub-Magistrate, Puttur in C.C.No. 546 of 1950.

The prosecution was for an offence under section 4 (1) (j) of the Madras Prohibition Act. On 12th June, 1950, the Sub-Inspector of Police, Vittal, went to the house of the accused to investigate into a complaint against the accused for offences under sections 448 and 323, Indian Penal Code and arrested the accused and when his person was searched, the Inspector found him smelling liquor. He was immediately sent to a nearby rural medical practitioner who found in him signs and symptoms of having consumed alcohol. The accused was thereupon charge-sheeted for an offence under section 4 (1) (j) of the Madras Prohibition Act which runs thus:

“Whoever consumes or buys liquor or any intoxicating drug shall be punished with. . .”

The lower Court acquitted the accused mainly on the ground that the smell of alcohol is possible for reasons other than drinking liquor such as taking medicine like asava or arishta and the evidence of consuming liquor being based mainly on the smell, it is not conclusive. The other sympton of i