The evidence of these two witnesses, was to the effect that when the bullock cart, in question, came near them, there was a smell of arrack.
In particular, P.W.4 has stated that the tins, which were in the bullock cart, were pierced with bayonet, and when smelt, they gave a strong smell of arrack.
All the respondents substantially denied, having companymitted the offence, with which they were charged.
Before the appellate Court also, the respondents pleaded that there is numberproper proof, in this case, that the tins companytained arrack.
The prosecution let in the evidence of the Prohibition Sub Inspector, P.W.1, and another petty officer of the prohibition staff, P.W.4.
Appeal by special leave from the Judgment and order dated January 17, 1964 of the Andhra Pradesh High Court in Criminal Revision Case No.
Cl/67 12 According to the prosecution, the respondents were found transporting, in a bullock cart, on the early morning of June 10 1962 fifty gallons of arrack.
215 of 1963.
6 of 1965.
2 and 3, who were stated to have witnessed this occurrence, along with the prohibition party, were also examined.
Only some of the witnesses have been cross examined, and the respondents, have suggested to them that during that hour of the night, it would number have been possible for them to identify the persons, who were stated to have been in the bullock cart.
They stated that when the bullock cart came near them, they got a strong smell of arrack, and that the 12 tins were pierced with bayonet ends and their companytents verified.
The trial Court, adverting to this aspect, has referred to the evidence of Ws.1 to 4, who speak to a strong smell of arrack, emanating from the cart, and the tins being pierced with bayonet ends.
The respondents carried the matter further, to the High Court of Andhra Pradesh, in revision.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Ram Reddy and K. Javaram, for the appellant.
A mere statement, by the witnesses, that there was a strong smell of arrack, emanating from the tins.
It is the case of the prosecution that the prohibition staff found, on the day in question, a bullock cart, driven by the first respondent, in which the fifty gallons of arrack were found in 13 tins.
The respondent did number appear.
The Judgment of the Court was delivered by Vaidialingam, J. In this appeal, by special leave, on behalf of the State of Andhra Pradesh, the appellant herein, Mr. P. Ram Reddy, learned companynsel, challenges the order dated January 17, 1964, of the Andhra Pradesh High Court, setting aside the companyviction of the respondents, for an offence under s. 4 I a , of the Andhra Pradesh Andhra Area Prohibition Act, 1937 Act X of 1937 , hereinafter called the Act.
To companyroborate the evidence of these two officers, the other witnesses,.
Accordingly, they were prosecuted for an offence under s. 4 1 a , of the Act.
