Judgment

VAIDIAL1NGAM, J. : In this appeal, by special leave, on behalf of the State of Andhra Pradesh, the appellant herein, Mr. P. Ram Reddy, learned counsel, challenges the order dated January 17, 1964, of the Andhra Pradesh High Court, setting aside the conviction of the respondents, for an offence under. S. 4 (1) (a) of the Andhra Pradesh (Andhra Area) Prohibition Act, 1937 (Act X of 1937), hereinafter called the Act.

2. According to the prosecution, the respondents were found transporting, in a bullock cart, on the early morning of June 10, 1962, fifty gallons of arrack. It is the case of the prosecution that the prohibition staff found, on the day in question, a bullock cart, driven by the first respondent, in which the fifty gallons of arrack were found in 13 tins. Accordingly they were prosecuted for an offence under S. 4(1) (a) of the Act. All the respondents substantially denied, having committed the offence, with which they were charged.

3. The prosecution let in the evidence of the Prohibition Sub-Inspector, P. W. 1, and another petty officer of the prohibition staff, P. W. 4. The evidence of these two witnesses, was to the effect that when the bullock cart, in question,