SAMUEL PHILIPBHAI PHILIPS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application filed under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-original accused challenging the judgment and order dated 6-8-1998 passed by the learned Metropolitan Magistrate, Ahmedabad, in Criminal Case no.2552/1996 as also the judgment and order dated 4-1-1999 passed by the Additional City Sessions Judge, Court no.15, Ahmedabad, in Criminal Appeal no.99/1998 confirming the same. By the impugned dated 6-8-1998, the learned Magistrate has convicted the applicant accused for the offences punishable under Section 66(1)(b) of the Bombay Prohibition Act and sentenced him to suffer R.I. for three months and fine of Rs.500/-, in default, S.I. for 30 days. However, the applicant-accused was acquitted of the offences punishable under Section 85(1)(3) of the Bombay Prohibition Act against which no appeal was preferred.

(2.) Short facts leading to the filing of the present Revision Application are that on 1st July, 1996 the applicant-accused who was on duty at the Institute of Kidney Disease and Research Centre, Ahmedabad, was found to be under the influence of alcohol. This fact having come to the knowledge of one Dr. H.L.Trivedi, he informed the Shahibaug Police Station, whereupon the police arrived and drew Panchnama of the physical condition of the applicant-accused in presence of two Panchas. On finding that smell of alcohol was emitting from the mouth of the applicant-accused, he was questioned as to whether he had pass/permit for consumption of alcohol to which he replied in the negative. Thereafter, the applicant-accused was sent for medical examination and on receipt of the report from the Chemical Analyser to the effect that the blood sample collected of the applicant-accused contained alcohol, the accused was charge-sheeted for the aforesaid offences. The accused pleaded not guilty.

(3.) The learned Metropolitan Magistrate, Court no.2, Ahmedabad, having recorded and appreciated the prosecution evidence found the applicant-accused guilty and passed the judgment and order dt. 6-8-1998 as stated in para-1 of this judgment. The petitioner preferred appeal being Criminal Appeal no.99/1998 in the Sessions Court at Ahmedabad against the aforesaid judgment and order of conviction. The learned Additional City Sessions Judge, Ahmedabad, by his judgment and order dated 4-1-1999 ordered dismissal of the appeal. The applicant-accused has, therefore, approached this Court by way of the present Criminal Revision Application.