GULABBHAI RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners-accused were convicted by the learned Magistrate, First Class, Dharampur, by his judgment and order dated 29th June 1985 in Criminal Case No. 152 of 1985, under Section 65 (A) 5 of the Bombay Prohibition Act ('the BP Act' for short) and under Section 66 (1) (b) of the Bombay Prohibition Act. They were awarded one year R.I. and a fine of Rs. 2,000/-, in default, R.I. for 3 months for first charge and 6 months R.I. and fine of Rs. 1,000/-, in default, R.I. for one month for second charge. However, it was ordered that substantive sentence shall run concurrently. The petitioners, being aggrieved, filed Criminal Appeal No. 43 of 1965 before the learned Sessions Judge, Valsad at Navsari, who by his judgment and order dismissed the appeal by his judgment and order dated 21st October 1985 and confirmed the judgment and order of the learned Judicial Magistrate, First Class, Dharampur. This Revision Application is directed against the said judgment and order of the learned Sessions Judge, Valsad at Navsari.

(2.) To attract the provisions of Section 116-B of the Bombay Prohibition Act, the prosecution has to establish as under:

(3.) If the above requirements are satisfied by evidence on record, there and then the presumption under Section 116-B can be attracted. The question is whether all these requirements, in the present case, are satisfied by the prosecution or not?