Judgment

SHAH, J. : This is an appeal by the State of Bombay against the order passed by the High Court of Judicature, Bombay acquitting the respondents of offences punishable under Ss. 65(a)(1) and 66 (b)(1) of the Bombay Prohibition Act XXV of 1949-hereinafter referred to as the Act.

2. The respondents are residents of Sehore a town in what was at the material time the territory of the State of Bhopal. Respondent 1 is the brother of the owner of a concern which carries on business of manufacturing drugs in the name and style of Rajkumar Laboratories, Sehore. Prabhat Trading Company-a firm carrying on business at Ahmedabad in the State of Bombay -placed an order on January 26, 1955 with the Rajkumar Laboratories for 4800 bottles of Mrugmadasav -an Ayrvedic preparation. The Rajkumar Laboratories prepared the drug and as it contained rectified spirit, paid Rs. 3600 as excise duty to the Bhopal State. A permit authorising export of the preparation out of the limits of Bhopal State was also obtained on July 28, 1955. A motor truck belonging to the second respondent was engaged or transporting the preparation from Sehore to Abmedabad. On July 29, 1955, Sub-Inspector Shintre stopped the