KOLI DAYA MERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two revision applications are heard together because certain points of law are common and this judgment will dispose of both the revision applications.

(2.) In order to understand points of law arising in these two revision applications 1t is necessary to set out in brief the facts giving rise to these two applications.

(3.) Criminal Revision Application No. 101 of 1966 arises from a case which was filed against the two petitioners for having committed offences punishable under secs. 66(1)(b) and 85(1)-(1)(2)(3) of the Bombay Prohibition Act (hereinafter referred to as the Act. The charge against them was that on 31st August 1965 these two petitioners were found on a public road at the Fair in the village of Tarnetar at 3-15 P.M. They were found drunk and were unable to take care of themselves. Both of them were taken to the Medical Officer at Thangadh on the same day at 4-45 P.M. The Medical Officer examined them and also took blood from each of them and sent the same to the Chemical Examiner at Junagadh. On the basis of the Chemical Analysers certificates that petitioner No. 1 had a concentration of alcohol in his blood to the extent of o. 1771 per cent W/V and the petitioner No. 2 had such concentration of alcohol in his blood the two petitioners under sec. 66(2) of the Act that they had consumed an intoxicant. They were ultimately convicted for having committed the offences punishable under secs. 66(1)(b) and 85(1)-(1)(2) and (3) of the Act and sentenced to imprisonment and fine. The appeal to the Sessions Judge was dismissed and therefore this revision application Is filed by them to this Court.