ORDER:- This is a revision application filed by the petitioner original accused against the order passed by the learned Sessions Judge, Bhir, dated 3-3-1976 dismissing the appeal and ordering the appellant, that is, the petitioner to surrender to his bail, from the order of conviction in Criminal Case No.11 of 1975 which was decided by the Judicial Magistrate, First Class. Ashti on 27th November, 1975 whereby the learned Magistrate convicted the accused for the offence under S.85 (1) of the Bombay Prohibition Act and sentenced him to suffer R. I. for one month and to pay a fine of Rs.200/- in default to pay the fine, to suffer one month's R. I. more.

2. Ordinarily this Court would not go into the evidence for the purpose of appreciating it in criminal revision application, especially when there are concurrent findings on questions of fact, by both the lower Courts. I would have followed this ordinary course, but Mr. Deshpande appearing for the petitioner submitted that this is not a case where it is a question of appreciation of evidence, but this is a case where there is no evidence whatsoever for the purpose of establishing the guilt under S.85 (1) of the Prohibition Act,