https://www.taxtmi.com/caselaws?id=302941 Where part of a penal prohibition has been declared void as against citizens, conviction can rest only on proof of contravention of the surviving enforceable portion of the provision. The declaration of invalidity does not read an exception or proviso into the statute, and the prosecution must prove that the liquor consumed fell within the category of prohibited liquor under the operative part of the law. Mere proof that the accused smelled of alcohol or had consumed alcohol in some form was insufficient. The burden was on the prosecution, not the accused, to establish consumption of prohibited liquor, and the conviction failed because that burden was not met. en-us Fri, 24 Sep 1954 00:00:00 +0530 Fri, 24 Jun 2022 17:33:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302941 Where part of a penal prohibition has been declared void as against citizens, conviction can rest only on proof of contravention of the surviving enforceable portion of the provision. The declaration of invalidity does not read an exception or proviso into the statute, and the prosecution must prove that the liquor consumed fell within the category of prohibited liquor under the operative part of the law. Mere proof that the accused smelled of alcohol or had consumed alcohol in some form was insufficient. The burden was on the prosecution, not the accused, to establish consumption of prohibited liquor, and the conviction failed because that burden was not met. Case-Laws Indian Laws Fri, 24 Sep 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302941