PATEL JETHABHAI CHATUR vs STATE OF GUJARAT

The Supreme Court held that under Section 66(1)(b) of the Bombay Prohibition Act, 1949, a person can be punished for consuming, using, possessing, or transporting intoxicants. The Court ruled that the High Court erred in setting aside the acquittal of the accused without determining whether the acquittal was erroneous, thus ordering a retrial based solely on the view that a further charge of possession should have been framed. The Court emphasized that in appeals against acquittal, the High Court must first find the acquittal to be incorrect before setting it aside, which was not done in this case, leading to the conclusion that the High Court's order was wrong.