High CourtsDivision Bench

Queen-Empress vs Gangayya

Madras High Court · Decided on 13 March 1901 · Citation: (1901) ILR (Mad) 417

HON’BLE JUDGES
Davies, J · Benson, J
ACTS & SECTIONS REFERRED
Madras Abkari Act, 1886 — Section 55(g)
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 191 words
1.

The Second-class Magistrate is entirely wrong in supposing that the ""wash"" consisting of a liquid mixture of jaggery and babool bark is not

materials'' for the purpose of manufacturing liquor. The evidence of the Abkari officers on that point is clear and is not contradicted.

2.

The case to which the Second-class Magistrate refers (Weir''s ''Criminal Rulings'' page 417) in support of his view is totally irrelevant It was

passed (as appears from the report itself) with reference to the language of Section 23A of Act III of 1864 as amended by Act V of 1879, which

Acts were repealed by the present Act I of 1886, The former Acts were defective in not providing for the case of possession of ""materials"" for

distillation, but the defect was remedied by the present Act, and it was under the present Act that the charge was made.

3.

We set aside the acquittal and convict the accused (Gangireddi Gangayya) of an offence punishable u/s 55 (g) of Act I of 1886, and'' sentence

him to pay a fine of Rs. 10, or in default of payment to suffer one month''s rigorous imprisonment.