R.P. Dholaria, J.

This is an appeal preferred by the State of Gujarat under Section 378 (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 03/06/2006 recorded by the learned Additional Judicial Magistrate First Class, Modasa in Criminal Case No.583 of 2005 whereby the learned Trial Judge acquitted the respondents-accused, of the charges for the offence punishable under Sections 66(B), 65(A)(E), 81, 83, 98, 99 and 116(B) of the Bombay Prohibition Act and Section 255(1) of the Criminal Procedure Code.

2. Brief facts of the case are that on 04/07/2005 at about 13:30 hours, near Kavat Patia, in front of Ashirvad Hotel, the respondents-accused were found personally in possession of foreign liquor in the truck trailer bearing no.RJ-07-G-4216 containing 375 boxes which includes 4490 bottles of foreign liquor. The said liquor was carried into truck along with 600 bags of rice. In all prohibited goods i.e. liquor, rice and truck valued at Rs. 21,06,250/- was detected and an offence was registered under Sections 66(B), 65(A)(E), 81, 83, 98, 99 and 116(B) of the Bombay Prohibition Act and Section 255(1) of the Criminal Procedure Code. Therefore,