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PETITIONER: A. S. KRISHNA
Vs.
RESPONDENT: STATE OF, MADRAS.(with connected appeals)
DATE OF JUDGMENT: 28/11/1956
BENCH: AIYYAR, T.L. VENKATARAMA BENCH: AIYYAR, T.L. VENKATARAMA DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 297 1957 SCR 399
ACT: Madras Prohibition Act, 1937 (Mad. X Of 1937), ss. 4(1), 4(2), 28, 29, 30, 3I, 32-Constitutional validity-Legislative competency Pith and substance of the legislation -The Government of India Act, 1935 (26 Geo. 5 & 1 Edw. 8 Ch. 2), s. 1O7(r), Sch. 7 List II, Entry 31-Constitution of India, Art. I4.
HEADNOTE: The appellants were charged before the Presidency Magistrate for offences under the Madras Prohibition Act, 1937 and when the cases were taken up for trial they raised the contentions that SS. 4(2) and 28 to 32 of the Act are void under S. 107(I) of the Government of India Act, 1935, because they are repugnant to the provisions of the Indian Evidence Act, 1872, and the Code of Criminal Procedure, 1898, and also because they are repugnant to Art. 14 Of the Constitution of India. On their application, the Magistrate referred the questions for the opinion of the High Court under S. 432’ of the Code of Criminal Procedure. The High Court having answered the questions against the appellants they preferred the present appeal under Art. 136. Held, ...