SHAH, J.:

With special leave, the two appellants Bhagwanbhai, Dulabhai Jadhav and Haribhai Maganbhai Bhandare. hereinafter referred to as accused Nos. 1 and 5 respectively. have appealed against the order passed by the High Court of Judicature at Bombay setting aside the order of the Judicial Magistrate, First Class, Thana, acquitting them and three others of offences punishable under Sections 65 (a), 66 (b), 81 and 83 of the Bombay Prohibition Act, 25 of 1949. hereinafter called the Act.

(2) The case of the prosecution may briefly be stated: On August 25, 1957, a "wireless message" alerting the officers posted on "watch duty" at Kasheli Naka, District Thana that a motor-car bearing No. BMY 1068 belonging to the first appellant was carrying "contraband goods", was received. This motor-car reached the Kasheli Naka at about 2-30 p.m. on AUGUST 28. The first accused was then driving the car, the second accused was sitting by his side and accused 3 to 5 were sitting in the rear seats. Panchas were called by the Sub-Inspector of Police Deshpande from a village nearby and in their presence the vehicle was searched and from the luggage compartment (which was opened with the key found on sea