STATE OF GUJARAT Vs. BAPUJI SAVAJI

JUDGEMENT

(1.) . This acquittal appeal arises out of the judgment and order dated 23/04/1981, rendered in Summary Case No. 398/79 passed by the learned J.M.F.C., Chanasma, wherein the respondent-accused who came to be tried for the offence punishable under Sections 66(1) (b) and 85(1)(3) of the Bombay Prohibition Act, 1949, was at the end of the trial, ordered to be acquitted.

(2.) According to the prosecution, on 27th October 1978, at 21.11.15 hours, P.S.I. Rahe- matkhan Chandkhan Pathan, who was at village Suasar, received an intimation that the respondent-accused under the influence of drink was misbehaving in a public place. Thereupon he went there alongwith Panchas and found the accused in a drunken condition. Thereafter the accused was taken to Medical Officer Shri Bhogilal Chunilal Pandya, who examined him on the very day at 23.00 hours. On the basis of these facts, ultimately the accused came to be charge-sheeted to stand the trial before the trial court.

(3.) At the trial, the accused pleaded not quilty and claimed to be tried. At the trial, the prosecution examined two witnesses, viz. (1) P.W.I. Ra- hematkhan Chandkhan Pathan, Ex. 7 and (2) P.W.2 Bhogilal Chunilal Pandya, Ex. 10. Over and above, the aforesaid evidence, the prosecution has also relied upon the F.I.A. Ex. 8 as well as the medical certificate at Ex. 11 and the report of the Chemical Analyser at Ex. 12. After duly appreciating the prosecution evidence, the trial court by its judgment and order dated 23/04/1981 acquitted the accused and hence the present acquittal appeal.