Supreme Court of India · 1967-05-02
STATE OF ANDHRA PRADESH vs MADIGA BOOSENA & ORS.
- Citation / case number
- SC 1965/194
- Court
- Supreme Court of India
- Petitioner
- STATE OF ANDHRA PRADESH
- Respondent
- MADIGA BOOSENA & ORS.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that under Section 4(1)(a) of the Andhra Pradesh (Andhra Area) Prohibition Act, 1937, mere reliance on the smell of arrack by Prohibition Officers is insufficient for conviction. The Court emphasized that scientific evidence from a chemical examination is necessary to establish that the seized commodity is indeed liquor. The High Court's acquittal of the respondents was upheld, as the prosecution failed to provide adequate proof of guilt.