Modi, J.—These are two criminal matters which raise a common question of law, and we propose to dispose of them by a single judgment. The question for determination is whether the trial of a warrant case, which is instituted otherwise than on a police report, under sec. 251-A of the Code of Criminal Procedure, while it should have been tried in accordance with the procedure laid down in Sec. 252 Cr.P.C. and the next following sections amounts to an illegality which would vitiate the trial. It is necessary to state just a few facts of the two cases which have been referred to us.

2. In criminal revision No. 28 of 1958, the accused Ghisia, Balu and Mangia were convicted by the Special Magistrate, Jaipur, under sec. 54(a) of the Rajasthan Excise Act (No. II) of 1950 (hereinafter referred to as the Excise Act) for distillation of illicit liquor, and each of them was sentenced to three months rigorous imprisonment. The case was challaned in the court of the Magistrate by the Excise Inspector. The accused were given copies of the relevant documents under sec, 173 of the Code of Criminal Procedure and a charge was framed against them and they were tried under the procedure laid down in sec

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