Judgment

BHAGWATI, J.:- This appeal, by special leave, is directed against an order passed by the High Court of Gujarat setting aside the acquittal of the appellant and directing that he, along with other accused, be retried not only for the offence of consumption of liquor of which he was acquitted but also for the offence of possession of liquor punishable under Section 66 (1) (b) of the Bombay Prohibition Act. 1949. The question arising for determination is a short one, but in order to appreciate it, it is necessary to state the facts giving rise to the appeal.

2. The appellant, original accused No. 2, was at all material times working as District Health Officer in District Amreli in the State of Gujarat. He was, according to the prosecution fond of liquor and whenever he used to go out of Amreli in connection with his duties, he used to participate in drinking parties. On 3rd August, 1972, he visited Kodinar, a town situate in the District of Amreli and late in the evening of that day, he attended a drinking party which was arranged by accused No. 1 in his agricultural farm situate at a place called Ghantwad about 50 Kms. away from Kodinar. Besides accused Nos. 1 and 2, six other