Chagla, C.J.

1. This is an appeal against an order passed by the learned Presidency Magistrate, 4th Court, by which he convicted the accused under Section 66 (b) of the Prohibition Act and sentenced him to one months rigorous imprisonment and a fine of Rs. 300, in default rigorous imprisonment for four weeks.

2. The case for the prosecution was that accused No. 1 and his wife, who was acquitted by the learned Presidency Magistrate, were in possession of 171/2 drams of rectified spirit and this possession was contrary to the provisions of Section 66(b) of the Prohibition Act. Accused No. 1, the appellant before us is the owner of a tailoring shop and that shop was raided on August 19, 1949, at 8 p.m. The raid took place in the presence of panchas, and according to the prosecution in the rear portion of the shop 171/2 drams of rectified spirit was found. The defence of the accused was that this spirit was planted by the police through the rear door and he was innocent of the offence with which he was charged. The prosecution case was supported by the head constable Mahomed Akram and the panch witness Trivene Ramlakhan.

3. It has been contended before us that in this case we shou