Musannaf Ibn Abi Shayba 19:560

Abu Bakr narrated to us, he said: Waki’ narrated to us, from Muhammad ibn Sharik, from Ibn Abi Mulayka, who said: A man was brought to me from whom the smell of wine could be detected, and I was the judge of Ta'if. I intended to lash him, but he said: "I only ate fruit." So I wrote to Ibn al-Zubayr, and he wrote back to me: "If it is from fruit that has a smell resembling the smell of wine, then avert the prescribed punishment (hadd) from him."