JUDGMENT

Dr. ANAND, J.:- Leave granted.

2. On 23rd of August, 1985 officers of the Prohibition and Excise Department of the State of Maharashtra along with the officers of the Sales Tax and Income-tax Departments carried out surprise raids at the brewery of M/s. Doburg Lager Breweries Pvt. Ltd., a company incorporated under the Companies Act at Satara. Searches were also made at the office of the respondent on 26th August, 1985 and 4th of October, 1985. The raids were conducted on the ground that offences had been committed by the respondent relating to manufacture and selling of beer without payment of Excise Duty. On 22nd November, 1985 cases were registered against the respondent under Ss. 65(b), (d), (e), 66(1)(b), 72, 75(c), 77(b), 79,82(1), 83 and 108 of the Bombay Prohibition Act, 1949.

3. After the registration of the cases against the respondents, investigation was carried out and on 21st November, 1986 five charge-sheets were filed before the Chief Judicial Magistrate, Satara. Simultaneously, the prosecution also filed two applications before the CJM. In the first application, it was stated that though the nature of the offence was a continuing one and therefore there was