1. This appeal raises a short question as to the validity of the order of acquittal passed by the learned Additional Sessions Judge, Kolhapur, solely on the ground that the search made prior to the institution of the present proceedings was illegal. A charge was levied against the respondent under Section 65 (b), Bombay Prohibition Act.

The learned Magistrate who tried the case was satisfied that the charge had been proved beyond a reasonable doubt. Accordingly the respondent was convicted of the offence charged and sentenced to suffer rigorous imprisonment for four months and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for two weeks.

This order was challenged by the respondents before the learned Additional Sessions Judge at Kolhapur and the only point which appears to have been raised before the learned Judge was that the search was illegal. The learned Judge accepted this point and we will assume that the learned Judge was right in coming to the conclusion that the search carried out by the police patil was illegal.

But we do not see how from the bare circumstance that the search was illegal it follows that the case against the respondent had not b