1. This is an appeal filed by the State against an order of acquittal passed by the Presidency Magistrate, 21st Court, Bandra, Bombay, in Crl. Case No. 1455/P of 1955. The two accused John Joseph DSouza and Achuta Kupa Sherigara were charged before the learned trial Magistrate with having committed an offence under Section 65 (b) read with Section 81, Bombay Prohibition Act 25 of 1949. The offence was triable as a summons case.

The proceedings before the learned Magistrate were commenced by a charge-sheet filed by the Inspector of Police, N. P. S. Bandra, "X" Division, on 11-11-1954. Thereafter the proceedings were adjourned from time to time and even on 11-4-1955, the Panchas were not present. The learned Magistrate issued summons to the Panchas and adjourned the proceedings to 22nd April, 1955. On that day also the Panchas were not present because they were not served.

Sub-Inspector Ranpise was, however, present and the Police Prosecutor requested for time. The learned Magistrate rejected the application and proceeded to acquit the accused for want of evidence /and cancelled the bail bond of the accused. It is against the order of acquittal passed by the learned Presiden