Judgment

S. R. DAS, J. : The appellant before us was on 9-12-1952 convicted by the Presidency Magistrate, 13th Court, Bombay, of an offence under S. 66 (b), Bombay Prohibition Act (Act 25 of 1949) and sentenced to undergo imprisonment till the rising at the Court and to pay a fine of Rs. 250. or to undergo rigorous imprisonment for one month. The appellant preferred an appeal to the High Court of Judicature at Bombay but his appeal was summarily dismissed by a Bench of that Court on 19-1-1953.

After the dismissal of that appeal the State of Bombay made a Criminal Revision application to the High Court for enhancement of the sentence. Notice have been issued to the appellant under S. 439(2), Cr. P. C. learned counsel for the appellant claimed the appellant s right under S. 439(6) to show cause against his conviction. This the High Court did not permit him to do.

The High Court, however, did not think fit to make any order for enhancement of sentence. On an application made on behalf of the appellant the High Court of Bombay has given leave to the appellant to appeal to this Court and granted a certificate of fitness under Art. 134 (1) (c), Constitution of India.

2. The question for our