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2011 Supreme(Mad) 1522

S.NAGAMUTHU
Selvi – Appellant
Versus
State rep. by Inspector of Police, Rasipuram Police Station, Namakkal District – Respondent


Advocates Appeared:
For the Appellant:M. Mohanasundaram & R. John Sathyan, Advocates.
For the Respondent:R. Muniyapparaj, Government Advocate, (Criminal Side).

Judgment :

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 whe































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