ORDER:- This is an appeal under Section 417(1) of the Code of Criminal Procedure directed against the judgment passed by the learned Sessions Judge, whereby he acquitted respondents Nos. (3) to (7) of the offence with which they were charged under Section 395 of the Penal Code. The respondents Nos. (1) and (2) were convicted by him under Section 392 of the Penal Code. They were, however, released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. The State felt aggrieved by this action and also by the decision directing acquittal of the respondents Nos. (3) to (7). A revision petition under Section 439 of the Code of Criminal Procedure accordingly is filed by the State, objecting to the order releasing respondents Nos. (1) and (2) on probation of good conduct under the Probation of Offenders Act, 1958.

2. The prosecution case, briefly stated, is that on 14th June, 1967 at about 6.30 a.m. respondents Nos. (1) to (7) stopped the truck carrying 60 gallons of liquor for distribution to various persons. The truck was prevented from proceeding in the direction intended and liquor was removed from the truck and kept in the balcony of the house of a washer

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