out that the conviction and sentence passed by the court below as against the appellants herein are not legally sustainable under Section 8(2) of the Abkari Act. Section 8 (2) of the Abkari Act is the penal provision in respect of Section 8(1). Section 8 of the Abkari Act is admittedly pertaining to the contravention in respect of arrack. In this case, admittedly, the contraband involved is spirit. Even though the investigating officer has rightly filed the final report alleging an offence under Section 55(a) of the Abkari Act, the court below has unnecessarily framed the charge under Section 8(1) and (2) of the Abkari Act. When spirit is the contraband, the court below ought not to have framed the charges under Section 8 of the Abkari Act. The court below ought to have framed the charges under Section 55 (a) of the Abkari Act. It seems that ultimately, after the trial, the court below has convicted the appellants for the offence under Section 8(2) of the Abkari Act. The court below has committed a gross illegality in framing the charge under
