S. 403 Cr. P.C will not apply as under S. 403, cl. (2) Cr. P.C the accused may be tried for a distinct offence for which a distinct charge might have been made against him in the former trial. The lower court was wrong in holding that S. 403 Cr. P.C is a bar to the present trial. However as the accused has already been convicted of the offence under S. 4 (A) of the Madras Prohibition Act, it is unnecessary to prosecute him again under S. 4 (1) (a) of the Madras Prohibition Act. The ends of justice do not require the subsequent prosecution. The appeal is therefore dismissed.
N.T.R