( 1 ) THIS case is referred to this Full Bench for deciding the question as to whether the appeal filed by the accused against their order of conviction in Summary Case No. 1528 of 1973 by the Metropolitan Magistrate 10 Court Ahmedabad under sec. 66 of the Bombay Prohibition Act can lie in this Court in view of repealing and saving provisions of sec. 484 of the Code of Criminal Procedure 1973 (hereinafter referred to as the New Code ). The question arises in this manner. The two accusedappellants were chargesheeted before the City Magistrate 10 Court Ahmedabad on August 25 1973 for having committed offence under sec. 66 (b) of the Bombay Prohibition Act. It was alleged that the accused had committed the said offence on August 25 1973 The learned City Magistrate 10 Court recorded the plea of the accused on December 10 1973 The evidence was recorded by the Metropolitan Magistrate 10 Court on April 8 1974 and the said Magistrate found both the accused guilty of the offence with which they were charged and convicted each of the accused on April 8 1974 to suffer rigorous imprisonment for 3 months and pay a fine of Rs. 500/ (in default of payment of fine to suffer further