Vyas, J.

(1) This is an appeal by the State of Bombay against the judgment of the learned Sessions Judge of Batara acquitting the three original accused persons of an offence under s. 66 (b) of the Bombay Prohibition Act 1949 (Bom XXV of 1949.)

(2) Shortly stated, the facts of the case of the prosecution are as follows: Accused Rangrao and Bhagwan are residents of the village Rahimatpur in Satara District, and accused Yeshwant is a resident of Tukaichiwadi, also a village in the same District, The Sub-Inspector of Police, Koregaon, received information that these three accused persons were consuming liquor. He took panchas with himself and proceeded to Rahimatpur on November 2, 1950, for making a search of the house of the accused, when he went up to the house of the accused Rangrao, he was met at the door-way by the accuseds wife. He asked her to call accused Nos. 1 and 2. She immediately went in and gave information to the accused that the police had come. Without waiting for her to return to the doorway, the Sub-Inspector made his way along with the panchas into the house and found Rangrao, Bhagwan and Yeshwant sitting together with two cups and a big bottle before them.