( 1 ) MR. S. R. DIVETIA, learned Addl. Public Prosecutor, requested to convert this Special Criminal Application into Criminal Revision Application. Request granted.

( 2 ) THE salient and substantial question of law that looms for determination may be stated as under :-"whether the offences under the Bombay Prohibition Act, 1949, extending imprisonment for a term of three years would be a summary triable case or warrant triable case, and what is the effect of the provisions of S. 167 (5) of the Code of criminal Procedure, 1973 ?"

( 3 ) THE points which are said to have arisen for determination and which have been formulated in the memo of this Criminal Revision Application are as under :-" (1) Whether the offences enumerated above under the Bombay Prohibition Act, 1949, wherein the conviction and sentence prescribed is three years is a warrant triable or summons triable case ? (2) Whether in a warrant triable case, S. 167 (5) of the Cr. P. C. is applicable ? (3) Whether S. 116 of the Bombay Prohibition Act and Chapter XXI of the Cr. Procedure Code, 1973 would be applicable ?"

( 4 ) THE facts giving rise to the present revision application are in narrow compass and are