( 1 ) THIS appeal arises out of an order passed on 20-1-68 by Mr. B. N. Doctor City Magistrate 10 Court Ahmedabad in Summary Case No. 1915 of 1967 whereby the appellant-accused came to be convicted and sentenced to suffer rigorous imprisonment for four months and to pay a fine of Rs. 300. 00 or in default to suffer rigorous imprisonment for one and a half months for an offence of possessing 60 drams of liquor without pass or permit on 27-2-67 under sec. 66 (1) (b) of the Bombay Prohibition Act hereinafter to be referred to as the Act.

( 2 ) THE point made out by Mr. Divatia the learned advocate appointed for the appellant-accused was that the order of conviction and sentence passed against the appellant is illegal and void Inasmuch as the learned Magistrate has not recorded the judgment in the case and thereby contravening the mandatory provisions contained in sec. 264 of the Criminal Procedure Code.

( 3 ) IT appears on a perusal of the proceedings of this case that on 18 since the surety of the accused came to be discharged at his request the accused was taken into custody by the Court. The case had then proceeded and on 20-1-68 after hearing the arguments of the l