IBRAHIM BUDHA SAMRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant has preferred the present Revision Application against the judgment and order of conviction and sentence dated 15th June, 2002 passed by the learned Judicial Magistrate First Class, Mundra in Criminal Case No.174 of 2000, which was confirmed by the learned Additional Sessions Judge, Kachchh at Bhuj vide order dated 11th June, 2004 in Criminal Appeal No.18 of 2002, whereby the applicant-accused has been convicted under Section 66(1)B of the Bombay Prohibition Act.

(2.) It is the case of the prosecution that the on 16th March, 2000 at about 17.30 hours the applicant was found in drunken position at three roads of village Kapaya, Taluka Mundra. The applicant was not having any permit for the same and he was found in drunker position at the public place. Therefore, after making panchnama of physical condition of the applicant, he came to be arrested and investigation was carried out against the applicant. Thereafter, after completion of investigation, charge-sheet came to be filed.

(3.) Thereafter, below Exhibit 7 statement of the applicant came to be recorded and as the applicant did not plead guilty, the trial is proceeded against the applicant. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence in support of its case.