CHANDBHAI MOHMADBHAI SEPAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is filed against an order of conviction and sentence passed by the Court of Judicial Magistrate, First Class, Palitana on 27/11/1991, in Summary Case No. 1218 of 1990 and confirmed by the learned Additional Sessions Judge, Bhavnagar, on 24/12/1992, in Criminal Appeal No. 42 of 1991. By the impugned orders, the petitioner was convicted for an offence punishable under Sec. 66(1)(b) of the Bombay Prohibition Act, 1949 (hereinafter to be referred to as "the Act") and was ordered to undergo S. I. for 3 months and to pay fine of Rs. 150.00 in default of payment of fine, S. I. for 15 days more.

(2.) It is the case of the prosecution that on 26/02/1990, at about 6 p.m. the petitioner, who was serving as police constable, was found drunk at a public place known as Bhairavpura Chowk in Palitana City. He was, therefore, arrested for committing offences punishable under Sec. 66(1)(b) read with Sec. 85(1)(3) of the Act. The petitioner did not plead guilty to the charge. The learned Magistrate, by an order dated 27/11/1991, held that it was proved by the prosecution that the petitioner had committed an offence punishable under Sec. 66(1)(b) of the Act and was convicted as mentioned above. Regarding the offence punishable under Sec. 85(1)(3) of the Act, however, the learned Magistrate was of the opinion that it was not proved that the petitioner was found drunk at a public place and was behaving in a disorderly manner under the influence of alcohol. The learned Magistrate was, therefore, pleased to acquit the accused on the said charge.

(3.) Being aggrieved by an order of conviction and sentence, the petitioner preferred an appeal which came to be dismissed by the appellate Court. It is against the said order that the present petition is filed. The petition was admitted by this Court on 1-1-1993. It is called out for final hearing today.