ORDER: This is a revision sought to be preferred against the conviction and sentence by the learned Sub-Magistrate of Udamalpet in C. O. No. 2776 of 1956 which were confirmed by the learned District Magistrate of Coimbatore in O. A. No. 56 of 1957.

2. On information received apparently that the accused was indugling in illicit distillation activities the Sub-Inspector of Police, P. W. 1, proceeded to the village of the accused, arrested him and enquired him. The accused took the Sub-Inspector to a place in front of his house and pointed out a spot. It was dug up and M. O. 1 a pot with fermented wash kept buried there was taken out. The accused was charged for an offence under S. 4 (1) (G) of the Madras Prohibition Act. The offence having been proved, the conviction and sentence of a fine of Rs. 80 followed.

3. The two points taken before me are that when the Sub-Inspector had proceeded to the village on information received apparently that the accused was indulging in illicit distillation activities, the information given by the accused to the Sub-Inspector leading to the discovery would amount to a repetition of the information already received which could not be considered