Alfred Henry Lionel Leach, C.J.

1. These three petitions all raise the question whether Section 4(1)(a) of the Madras Prohibition Act, 1937 is ultra vires the Provincial Legislature in so far as it relates to dangerous drugs. Section 4(1)(a) states that whoever imports, exports, transports or possesses liquor or any intoxicating drug shall be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees, or with both. To the sub-section there is a proviso which says that nothing contained in the sub-section shall apply to any act done under, and in accordance with, the provisions of the Act or the terms of any rule, notification, order, licence or permit issued thereunder, but so far as dangerous drugs are concerned, the total prohibition imposed by the sub-section has been left unaffected.

2. The petitioners reside in the North Arcot district of the Madras Presidency and have been convicted on charges framed under this sub-section of being in unlawful possession of ganja. The petitioner in Criminal Revision Case No. 1052 of 1940 was sentenced in the Court of the Second Class Magistrate of Vellore to four months rigorous imprisonm