STATE OF GUJARAT Vs. CHANDUBHAI BHEMABHAI PARMAR

JUDGEMENT

(1.) ... ... ... ... ... ..

(2.) According to the chemical analyser concentration of the alcohol in the blood of the accused-respondent was more than 0.05% w/v. Under these circumstances in view of the provisions of sub-sec. (2) of sec. 66 of the Act a clear presumption arises that he had consumed alcohol in contravention of the provisions of sec. 66 of the Act. The learned Magistrate however did not draw the presumption to the above effect on the ground that according to him the medical officer had contravened the provisions of Sub-rule (2) of Rule 4 of the Rules which reads as under : The sample blood collected in the phial in the manner stated in sub-rule (1) shall be forwarded for test to the Testing Officer either by post or with a special messenger so as to reach him within seven days from the date of its collection. It shall be accompanied by a forwarding letter in form B which shall bear a fascimile of the seal or monogram used for sealing the phial of the sample blood. It is found from the evidence on record and it is not disputed that the blood was collected on 26. 10. 1973 and it was received by the chemical analyser on 2.11. 1973. On the basis of the above facts the learned Magistrate took the view that the blood did not reach the chemical analyser within seven days from the date of its collection. It is submitted by the learned Public Prosecutor that the view of the learned Magistrate is not correct in view of the fact that while calculating the period of seven days the day on which the blood was collected should be excluded. Now according to sec 10 of the Bombay General Clauses Act 1904 (1) In any Bombay Act or Gujarat Act made after the commencement of this Act it shall be sufficient for the purpose of excluding the first in a series of days or any other period or time to use the word from and for the purpose of including the last in a series of days or any other period of time to use the word to. (2) This section applies also to all Bombay Acts made before the commencement of this Act. The above provisions clearly show that the word from used in any Act is to be interpreted as akin to the word after

(3.) In view of the above clear provisions of the Bombay General Clauses Act it becomes evident that while calculating the period of seven days from the date on which the blood was collected the day on which it was collected should be excluded. If the period of seven days is calculated in the above manner it is found that the sample blood was received by the chemical analyser on the 7th day that is within seven days from the date of its collection. This shows that rule 4(2) of the Rules is complied with. The learned Magistrate while construing the above rule has not taken into consideration the provisions of sec. 10 of the Bombay General Clauses Act. Under these circumstances his finding that in the present case the provisions of rule 4 of the Rules were violated cannot be accepted. The learned Advocate for the respondent is unable to controvert the above position.