KALIDAS DHULABHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is directed against the judgment and order of conviction dated 2/03/1990 dismissing the appeal of the petitioner herein and confirming the judgment rendered in Criminal Case No. 2244 of 1987 by the learned Judicial. Magistrate, First Class, Jambusar, holding the petitioner guilty for the offence punishable under Sees. 66(l)(b) and 85(1)(3) of the Bombay Prohibition Act. It was alleged that on 17/08/1987 at about 6-30 p.m. the accused was found in the compound of the Police Station in Japbusar in drunken condition and was abusing. The accused was, therefore, arrested and was then sent for medical examination, after preparing necessary Panchnama. The Medical Officer, having collected sample, sealed the phial containing said blood and sent it to the Chemical Analyser. The, Chemical Analyser reported that the blood contained 0.1173 per cent alcohol. The accused was thus charge-sheeted for the aforesaid offences; The accused pleaded not guilty.

(2.) The learned Judicial Magistrate, First Class, Jambusar, having recorded and appreciated the prosecution evidence, found the petitioner to be guilty for the offence punishable under Sec. 66(l)(b) of the Bombay Prohibition Act and sentenced him to suffer rigorous imprisonment for three months and to pay a fine of Rs. 500/ -, in default of payment of fine, to undergo rigorous imprisonment for 15 days. The learned Magistrate, however, acquitted the petitioner for the offence under Secs. 85(1) and (3) of the Bombay Prohibition Act.

(3.) The petitioner preferred appeal, being Criminal Appeal No. 42 of 1989 in the Sessions Court at Bharuch, against the aforesaid judgment and order of conviction. The learned Sessions Judge, Bharuch, by his aforesaid judgment and order, ordered to dismiss the appeal; The petitioner has, therefore, preferred the present Criminal Revision Application.