MAHIJIBHAI LAKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The original accused in criminal case No. 1348 of 1979 decided by the learned Judicial Magistrate First Class Baroda on 28 November 1979 has preferred this criminal revision application against the order passed in criminal appeal No. 75 of 1979 by the learned Additional Sessions Judge Baroda on 28th February 1980 dismissing the appeal of the petitioner-accused against the order of the learned Magistrate convicting him for the offence under sec. 66(J)(b) of the Bombay Prohibition Act (the Act) and sentencing him to R. I. for one month and fine of Rs. 20 in default further R. I. for 15 days.

(2.) The accused was apprehended from a road and brought to Sayajiganj police station on 18th September 1978 at 10.15 p.m. on a suspicion that he had consumed liquor. A complaint was lodged. He was sent to the S.S.G. Hospital Baroda for clinical examination He was examined by the Casualty Medical Officer Mr. Patel and in his opinion the accused had consumed liquor though he was not under the influence of the same at the relevant time. The medical officer then collected blood in a phial from the person of the accused and the same was forwarded to the chemical analyser Junagadh for analysis. On receipt of the report from the chemical analyser showing that the blood contained O. 2323 of W/v. of ethyl alcohol the accused was prosecuted for the offences under secs. 85(1)(3) and 66 (1)(b) of the Act. The accused pleaded not guilty and claimed that he was innocent.

(3.) On the evidence led before him the learned Magistrate while acquitting the accused for the offence under sec. 85(1)(3) of the Act convicted him for the offence under sec. 66(1)(b) of the Act and senteneed him to one months R.I. and fine of Rs. 200/in default further R.I. for 15 days. The accused aggrieved by this order filed criminal appeal No. 75 of 1979 which was heard and decided by the learned Additional Sessions Judge Baroda. He dismissed the said appeal by the impugned order dated 28th February 1980 and hence this criminal revision application by the original accused.