VISHWASRAO MADHAVRAO PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant ­ original accused by way of filing the present Revision Application under Section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) has challenged judgment and order dated 20.10.2006 passed by the learned 8th Additional Senior Civil Judge and Judicial Magistrate, First Class, Bharuch, in Criminal Case No. 14057 of 1998, by which the accused has been convicted for the offences punishable under Sections 66(1)(B) of the Bombay Prohibition Act and has been sentenced for three months and also imposed a fine of Rs.500/ and in default, to undergo simple imprisonment of one month as well as the judgment and order dated 16.5.2007, passed by the learned Additional Sessions Judge, Bharuch, in Criminal Appeal No.83 of 2006, by which the aforesaid criminal appeal filed by the present applicantaccused challenging the decision of the Trial Court, is dismissed. Hence, the present Revision Application.

(2.) BRIEF facts arising from the case are as under:

(3.) (2) of the Bombay Prohibition(Medical Examination and Blood Test) Rules,1959 which are mandatory in nature and, if, any lapse in following the said procedure, the entire prosecution case is vitiated. 4 On the other hand, leaned APP Mr. K.P. Raval, appearing for the respondentState has supported the decisions of the Trial Court as well as the appellate court.