Section 8(e) of the Act says that any person, who contravenes Section 7-A, shall on conviction be punished with imprisonment for a term not less than one year which is extendable upto eight years and with fine, which shall not be less than rupees two lakhs for the first offence and which shall not be less than rupees five lakhs for the second offence. Thus, Section 8(e) is a punishment provision. A reading of Section 7(A) of the Act, which is reproduced above, makes it very clear that it is only production, manufacture, storage, possession, collection, purchase, sale and transport of arrack alone is prohibited and the same is punishable under Section 8(e) of the Act. In the instant case, it is not at all the case of the prosecution that the petitioner, who is A-2, has indulged in any such production, manufacture, storage, possession, collection, purchase, sale and transport of arrack, which is prohibited under Section 7(A) of the Act. Selling of jaggery even for the purpose of manufacturing arrack is not made an offence under Section 7(A) of the Act and it is not punishable under Section 8(e) of the Act. Therefore, the petitioner cannot be made liable for prosecution for the offence under Section 7(A) r/w 8(e) of the Act. In the said facts and circumstances of the case, launching of criminal prosecution against the petitioner in all the
