S. NAGAMUTHU, J.

1. The appellant is the sole accused in C.C. No. 66 of 2006 on the file of the learned Principal District and Sessions Judge, Namakkal District. She has been convicted for offence under Section 4 (1) (i), 4(1)(aaa) and 4(1-A) (ii) of the Tamil Nadu Prohibition Act and sentenced to undergo S.I. for 2 months and to pay a fine of Rs. 500/-in default to undergo S.I. for 1 week for offence under Section 4(1) (i) of the TNP Act; to undergo R.I. for 2 years and to pay a fine of Rs. 2000/-in default to undergo R.I. for 4 months for offence under Section 4 (1)(aaa) of the TNP Act; and to undergo R.I. for 4 years and to pay a fine of Rs. 4000/-in default to undergo R.I. for 1 year for offence under Section 4 (1-A)(ii) of the TNP Act. Challenging the said conviction and sentence, the appellant is now before this Court with this appeal.

2. The brief facts of the case of the prosecution are as follows: P.W.1 is the husband of P.W.2 and they are residents of Rasipuram. On 26.9.2004 at about 8.00 p.m. P.W.1 decided to drink illicit arrack. Therefore, he proceeded to the bank of a lake in Rasipuram. There, P.W.1 found the accused sitting near a bush. P.W.1 asked her whether she had illicit arrack for sale. The accused answered affirmatively and then, sold a glass of illicit arrack for a sum of Rs. 10/- to P.W.1. At that time, the accused was found having a white plastic can containing illicit arrack, two tubes containing illicit arrack and one white tumbler. P.W.1 purchased one tumbler of illicit arrack and after consuming the same on the spot, P.W.1 returned to his house. Soon after, he developed burning sensation in his stomach. He told P.W.2 about the same. P.W.2 with a view to cure the same, gave him plantain juice. But, the burning sensation did not stop. Therefore, he proceeded to the police station. At about 8.30 p.m. (sic) P.W.8, the then Inspector of Police attached to Rasipuram Police Station received the said complaint and registered a case in Crime NO.1134 of 2004 under Section 4(1) (i), 4(1)(aaa) and 4(1-A) of the TNP Act. He forwarded P.W.1 to the hospital for treatment. P.W.3 Dr.Gunasekaran was the duty Doctor at Government Hospital, Rasipuram. P.W.1 appeared before him at 10.15 a.m. on 27.9.2004. He found that the eyes of P.W.1 were dilated. There was also a smell of alcohol in the breath. His gait was alright. P.W.3 Doctor wanted P.W.1 to give consent for blood and urine test to ascertain whether they contained alcohol. But, P.W.1 declined. Therefore, from out of the smell in the breath of P.W.1 he opined that he would have consumed alcohol.

3. Taking up the case for investigation P.W.8 proceeded to the place of occurrence on 27.9.2004 at about 11. a.m. He found the appellant sitting near a bush. At 11.30 a.m. in the presence of P.W.4 and one Pitchaimuthu, P.W.8 arrested the accused. The accused gave voluntary confession. Then, P.W.8 seized a can with a capacity of 5 litres containing 3 litres of illicit arrack, 2 lorry tubes with a capacity of 60 litres containing 55 litres of illicit arrack each. A tumbler having a smell of arrack and a cash of Rs. 30/- (3 ten rupees currency notes) were also found. These properties were seized in the presence of P.W.4 and another witness under Exhibit P-5 mahazar. Then, P.W.8 took samples of illicit arrack from the seized contraband in two bottles measuring 500 ml. each. Then, he destroyed the illicit arrack in the presence of P.W.4 and another witness. To evidence the destruction of the contraband, he prepared a mahazar under Exhibit P-6, in which, P.W.4 and one Pitchaimuthu signed as witnesses. Taking samples in two bottles and the receptacles along with the accused he returned to the Police Station. He forwarded the properties seized from the accused to Court under Form-95 and also forwarded the accused for judicial remand. Then, he made a request to the Court for sending the sample for chemical analysis. Accordingly, one of the sample bottle was sent by the