Judgment

KAPUR, J. : This appeal by Special Leave against the decision of the High Court of Bombay dismissing the State s appeal against the acquittal of the respondent arises out of proceedings under S. 66 (1) (b) of the Bombay Prohibition Act (Act 25 of 1949 as amended), hereinafter called the Act .

2. The respondent was arrested by Police Constable Laxman Sabaji on August 8,1959, at 8-15 p. m. on the ground that he was smelling of liquor and had therefore contravened the provisions of the Act. The respondent was taken to the hospital where he was examined by Dr. Dadlani Prabhu Rochiram P. W., who has deposed that the respondent was smelling of liquor but his speech, behaviour, gait, co-ordination and memory were normal. From this he concluded that the respondent had consumed some alcoholic substance but was not under the influence of liquor, in cross-examination he stated that Tincture Neem would produce blood concentration of 0-148% W/V of ethyl alcohol. The respondent in his examination under S. 342 stated :

Question: "What do you wish to say with reference to the evidence given and recorded against you ?

Answer: I have not consumed prohibited alcohol. I had taken 6 ounces of Nee