VINODKUMAR RAVJI BHASAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Revision application is directed under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment and order passed by the learned Additional Sessions Judge, Kutch at Bhuj in Criminal Appeal No.18 of 2003 dated 8.7.2005 confirming the order passed by the learned Judicial Magistrate First Class, Mandvi in Criminal Case No.885 of 1998 dated 13.5.2003, whereby the applicant was held guilty and sentenced and convicted to undergo for 3 months S.I. and fine of Rs.500/, in default, to further undergo for 15 days S.I. for the offence punishable under Section 66(1) (b) of the Bombay Prohibition Act and the applicant was acquitted from the charges under Section 85(1)(3) of the Act.

(2.) THE case of the prosecution is that on 24.12.1997, the applicant was found in drunken condition without any permit and thereby he committed offence. After examining the oral as well as documentary evidence, the learned Magistrate convicted the applicant and the order of the learned Magistrate was confirmed by the learned Additional Sessions

(3.) LEARNED APP Mr. Jani for the State submitted that considering the behaviour of the applicant on the public place, the orders passed by the Courts below are required to be confirmed. Therefore, as per his submission, Revision is required to be dismissed.