STATE OF GUJARAT Vs. LAKSHMAN SINH KHUMANJI BAROT

JUDGEMENT

(1.) In this acquittal appeal under Sec. 378 of the Code of Criminal Procedure, 1873 ('the Code' for short), the appellant-State has questioned the legality and validity of the acquittal order recorded by the learned Metropolitan Magistrate, (court No. 16), Ahmedabad in summary case No. 2021 of 1986 passed on 11.4.1988.

(2.) The respondent-original accused who was working as police inspector at the relevant time was charged for offences punishable under Secs. 66(l)(b) and 85(1)(3) of the "Bombay-Prohibition, Act, 1949." The prosecution version was that the accused had consumed liquor without pass or permit and he was found under the influence of alcohol in a public place on 13.3.1986 at 1-0' clock in the early morning.

(3.) Therefore, blood sample was collected from the accused and was sent for medical examination. The public analyst certified that blood cotained alcohol. On completion of the investigation, charge sheet followed. The prosecution relied on evidence of investigating officer and 10 other witnesses. P.W. Dr. Kamlesh who had drawn blood sample from the person of the accused is examined, at Ex. 7. Medical certificate is produced, at Ex. 8. P.W. No. 4 Assistant Chemical Analyser, Hasmukhbhai was examained at Ex. 13. P.W. No. 7 R.K. Dwivedi is the investigating officer who was working as police inspector, at Kalupur Police station, at the relevant time and he was examined, at Ex. 19, P.W. No. 11 Nilkanth Purohit is examined, at Ex. 82 who was working as Superintendent of Police in Anti-Corruption Bureau, at the relevant time. Other witnesses did not support the prosecution case.