( 1 ) THIS revision application has been filed by the original accused against the order of the Sessions Judge Amreli dismissing his appeal against his conviction under sec. 66 (1) (b) of the Bombay Prohibition Act 1949 hereinafter referred to as `the Act by the Judicial Magistrate First Class Bagasara-Wadia and for which he was sentenced to suffer rigorous imprisonment for three months and a fine of Rs. 500/in default to suffer rigorous imprisonment for one month.

( 2 ) THE case of the prosecution was that the accused was driving S. T. Bus between Bhavnagar and Jamnagar on 27th November 1963 When the said bus stopped at Babra the accused and the driver of the motor bus had gone to a house near the bus stand and had consumed illicit liquor there. The driver had thereafter taken the motor bus along the road to Rajkot. The motor bus met with a serious accident in which several persons sitting in the bus were injured and one of them had died. The P. S. O. at Babra Police Station was one Abdullah Nurmahomed. On receiving the information at 3-50 P. M. about this accident this P. S. O. registered the offence and started investigation. As he learned that the driver of the b