JUDGMENT

P.N. Bakshi, J. - This reference has been made by the Additional District Magistrate, Bareilly,dated 11th June, 1971 for quashing an order of the Sub- Divisional Magistrate, Baheri dated 29th March, 1971 rejecting the prayer of the Assistant Public Prosecutor for adjournment of the case to enable him to summon two prosecution witnesses namely the Excise Inspector and the Investigating officer.

2. Jhandu was challaned by police under section 60 of the Excise Act. The charge sheet was received in court on 14th December, 1970. Having been charged under the aforesaid section on 3rd February, 1971 the case was fixed for prosecution evidence on 21st March, 1971. That date being a Sunday the case was taken up the following date i. e. on 22nd March, 1971. The evidence of the witnesses who were present was recorded. The prosecution witnesses 1 to 5 and 8, though served, did not appear. The Assistant Public Prosecutor applied for adjournment and the Magistrate passed an order issuing non-bailable warrants against the aforesaid witnesses. 29th March, 1971 was fixed for evidence. He also ordered for the issue of summonses against P.Ws. 6, 10 and 11. 30th March, 1971 was fixed for defen