How Madras HC chose to determine ‘intoxication’ in the 1950s when prohibition was in place

The doctor examined Palani and observed symptoms like smelling of arrack in the breath, redness of the eyes and dilation of pupil, tongue clean and dry, speech incoherent, and staggering gait. The doctor concluded he had consumed liquor. Palani’s counsel said he was taking medicinal preparations containing slight alcohol

Around 2.15 a.m. on March 16, 1955, when prohibition was in place in Madras State, a police head constable produced Palani Goundan alias Thambianna, before a rural medical practitioner in the composite Salem district, for examination. The doctor examined Palani and observed symptoms such as smelling of arrack in the breath, redness of the eyes and dilation of pupil, tongue clean and dry, speech incoherent, and staggering gait. The doctor concluded he had consumed liquor and was under its influence.

Palani was booked under Section 4-A of the Madras Prohibition Act, 1937, which provided for punishment to those found in a state of intoxication in any public place. He was convicted by the Tiruchengode Sub-Magistrate and was sentenced to pay a fine of ₹100. This was upheld by the Sub-Divisional Magistrate in Sankari.

‘Medicinal preparations’

The accused then moved the Madras High Court challenging his conviction. His counsel contended that the symptoms found by the doctor did not necessarily lead to the only conclusion he was under “intoxication”. The counsel said Palani was taking some medicinal preparations containing slight alcohol under the prescriptions of the Civil Assistant Surgeon, Government Hospital, Bhavani, and the symptoms observed might be due to this. The doctor said in October 1954, he examined Palani and found he was suffering from asthma and chronic bronchitis. He prescribed medicine and tonic which contained slight alcohol — the tonic containing 12% of alcohol. The doctor said if the mixture and tonic were taken together, the smell of alcohol would continue for an hour.

This argument meant that Palani must have consumed the medicine and the tonic at 1 a.m., when he was arrested. “I am not sure whether at that hour of the night the accused took his medicines,” Justice Ramaswami Gounder, who authored the verdict in the case, wrote.

As regards the redness of the eyes, the doctor stated that even at the time of the trial, the eyes of the accused were red. This might be due to various other causes. The doctor also deposed that asthmatic mixture makes the tongue dry.

“Even assuming that on the evidence of D.W. 1 (doctor) the symptoms such as smelling of arrack in the breath, redness of eyes, tongue clean and dry, might be explained as being due to the accused taking the asthmatic mixture and tonic, the other two important symptoms, namely, incoherent speech and staggering gait, will have to be explained,” the court said. In regard to that, the doctor, stated that his asthmatic mixture consisted of bromide, iodide, ammonium carbonate, spirit, etc., and that he has also prescribed phenobarbitone and morphia. His evidence, further, was that morphia produced giddiness, but the degree he could not say.

The District Medical Officer, Salem, told the court that phenobarbitone is administered to persons suffering from bronchitis or asthma and that it causes giddiness. The symptoms of incoherent speech and staggering gait, were attributed to the giddiness which might have been caused by morphia and phenobarbitone. The judge, however, pointed out that the two doctors, produced as defence witnesses, were not asked whether the small percentage of those drugs present in the prescriptions would have been sufficient to cause giddiness, and, in consequence, those two symptoms.

On the other hand, the evidence of the prosecution witness was that the therapeutic dose does not cause intoxication, though he was cautious enough to add that it would depend upon the patient. “There is therefore no explanation offered by the accused how those symptoms could have been possible if what he consumed was confined only to the medicine and the tonic prescribed by his doctor. On the symptoms observed by P.W. 2 (rural medical practitioner), I am prepared to agree with the opinion expressed by the doctor, namely, that the accused, when he was examined, was under the influence of liquor, that is to say, was in a state of intoxication,” the judge held in April 1956 order.

“In other words, the prosecution has established that those symptoms were not the result of the accused consuming any medicinal preparation exempted under the Act, but of some liquor which threw him into a state of intoxication. I therefore hold that the conviction of the accused was proper,” said Justice Ramaswami Gounder. His brother judge on the Bench, Justice Somasundaram concurred, saying, “I agree and I have nothing to add.”

Another case

Three years later, Justice Somasundaram dealt with a similar case. A man by name Rathinam, was convicted under the Madras Prohibition Act. In that case, the doctor had said the pupils of the accused were dilated reacting to light sluggishly and there was smell of arrack in the breath.

The defence lawyer argued that the prosecution had not established that the symptoms exhibited by the accused were symptoms, which must necessarily arise from the consuming of prohibited alcohol.

The judge noted how in the Palani Goundan case, it was held that the symptoms of incoherent speech and staggering gait had not been explained. Such symptoms were missing in the case of Rathinam. “Thus, the smell and the dilation of pupil (in Rathinam) might be explained on the basis of taking alcohol of the exempted category. The prosecution has not, therefore in my opinion, established the guilt of this accused for having consumed prohibited alcohol. Though this point was not raised, still it is open to me to go into this question and consider whether the guilt has been established beyond all reasonable doubt. The guilt has not been so established. The conviction and sentence are set aside and the accused is acquitted,” Justice Somasundaram held.

Published - October 08, 2024 11:10 pm IST