JUDGMENT - Chandrachud, J.

(1) In a raid effected on the 24th of July 1959, two barrels containing wash of "Angurasava and three boxes containing 109 bottles labelled as "Angurasava" were found in the house of the respondent. Samples taken from the barrels and the boxes were sent for analysis to the Chemical Analyser and to the Principal, Podar Medical College, Bombay. As the report of the Chemical Analyser showed that three out of four samples contained alcohol in varying degrees, the respondent and two others were charged of offences under S. 65(f), 66(b), 83(1) of the Bombay Prohibition Act. The defence of the respondent was that he owns a manufactory which produces "Augurasava" - a medicinal preparation containing Ayurvedic ingredients which general alcohol. In substance, the contention of the respondent was that "angurasave" being a medicinal preparation is outside the ambit of the Prohibition Act. Partly relying upon the certificate issued by the Principal, Podar Medical College, Bombay, the learned Magistrate has acquitted the respondent, holding that the prosecution has failed to discharge the onus of proving that "Angurasava" is "prohibited liquor". Accused Nos. 2 and 3 who

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