( 1 ) HIS Lordship after stating the facts further observed :mr. Thakore the learned advocate for the appellant has raised two points. The first point relates to the order of conviction passed against the appellant in respect of an offence under sec. 66 (1) (b) of the Act. According to him. apart. from the main procedure having not been followed by Dr. Talati as required under the Rules before sending the phial containing blood of the accused to the Chemical Analyser at Junagadh he drew pointed attention to one breach said to have been committed in respect of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules 1959 The latter Part of Rule 4 provides that the phial containing the blood of the accused shall be labeled and its cap sealed by means of sealing wax with the official seal or the monogram of the registered medical practitioner and then as provided in sub-rule (2) of Rule 4 of the Rules the same blood collected in the phial in the manner stated in sub-rule (1) shall be forwarded for test to the Testing Officer either by post or with a special messenger so as to reach him within seven days from the date of its collection. Then comes the