VIJAY SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by certificate issued by the High Court of Judicature at Bombay raises the question of the construction of some of the provisions of the Bombay Prohibition Act, 1949, hereinafter called the Act.

(2.) On June 12, 1961, Vijaysingh, the appellant and one Namdeo Shinde drove in a jeep at an excessive speed and dashed it against the wall of the office of the District Superintendent of Police, Akola. Both of them appeared to be intoxicated. In the jeep there was also a bottle with a lable on it as "Tincture Zingeberis". Vijaysingh was prosecuted before the judicial Magistrate First Class, Akola, under S. 66(1) (b) and 85(1) (1), (2) and (3) of the Act. the said Magistrate convicted the appellant both under S. 66(1) (b) and 85(1) of the Act. On appeal, the learned Sessions Judge, Akola, acquitted the appellant under S. 66(1) (b) of the Act, but confirmed the conviction and sentence under S. 85(1) (1) thereof. Against the judgment of the Sessions Judge acquitting the appellant under S. 66(1) (b) of the Act the State of Maharashtra preferred an appeal to the High Court; and against the order of conviction under S. 85(1) (1) of the Act the appellant preferred a revision to the High Court. The High Court heard both the matters together and allowed the appeal filed by the State and dismissed the revision petition preferred by the accused-appellant. In the result it set aside the order of acquittal made by the Sessions Judge under S. 66(1) (b) of the Act and sentenced the accused to rigorous imprisonment for 3 months and a fine of Rs. 500/- and confirmed the conviction and sentence of the accused under S. 85(1) (1) of the Act. Hence the present appeal;

(3.) Learned counsel for the appellant raised before us several contentions for dislodging the judgment of the High Court. We shall now proceed to deal with them in the order in which they were addressed to us.