( 1 ) THIS appeal by the State of Gujarat is directed against the impugned judgment and order dtd. 2-2-1991, rendered in Criminal Case no. 6472 of 1989, by the learned J. M. F. C. , Porbandar, wherein the respondent-Lohana Prakash Dayaiji and one another, who came to be prosecuted for the alleged offences punishable under Sees. 65 (b), (c), (d), (e) and (f) and 66 (b) of the Bombay Prohibition Act, 1949, and Sec. 336 of I. P. C. , were ordered to be discharged following the dropping of the proceedings under Sec. 258 of the Code of Criminal Procedure, 1973, on the short ground that despite the reasonable opportunity being given to the prosecution, the witnesses were not kept present.

( 2 ) ACCORDING to the prosecution, on 1-4-1989 at 16-30 hours, on raiding one dilapidated building situated in Nava Kumbharwada, Street No. 17, at porbandar, 56 bottles of English liquor were recovered from the possession of the respondents and were sent to the Chemical Analyser for the report. On receipt of the report that Ethyle was mixed with Methyle alcohol, after the investigation was over, the respondents came to be charge-sheeted to stand trial for the aforesaid alleged offences. It ap