(1.) BY means of this Revision Application filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973, the petitioner-Manohar Kishanrao Parate-original accused has challenged the judgment and order dated 25-8-2006 passed by the learned Chief Metroplitan Magistrate, Ahmedabad in Criminal Case no. 580/2004 whereby he was convicted for the offence punishable under Section 66 (1) (B ) of the Bombay Prohibition Act and sentenced to undergo simple imprisonment for six months and fine of Rs. 1000/- in default, simple imprisonment for one month. The learned Magistrate also convicted the petitioner for the offence punishable under Section 85 (1) (3) of the Bombay Prohibition Act and sentenced the petitioner to undergo simple imprisonment for one month and fine of Rs. 100/-, in default, simple imprisonment for seven days. The petitioner has also challenged the judgment and order dated 13-6-2007 passed by the learned Addl. Sessions Judge, (Fast Track Court), City Sessions Court, Ahmedabad in appeal being Criminal Appeal no. 61 of 2006 confirming the said order of the Magistrate.
(2.) IT is the case of the prosecution that on 28-6-2004 the complainant Head Constable on duty having received first information from one Hareshbhai Mahadev stating that near Bapunagar Cross Road, his brother in law i. e. the present petitioner Manohar Kishanro Parate was fully drunk and was using filthy languages whereupon the complainant arrived there, drew Panchnama of the physical condition of the petitioner in presence of Panchas and sent him to Civil Hospital for medical examination. On receipt of the report from the Chemical Analyser to the effect that the petitioner's blood contained alcohol, the accused was charge-sheeted for the aforesaid offences. The accused pleaded not guilty.
(3.) AT the trail, the learned Chief Metropolitan Magistrate, Ahmedabad , having recorded and appreciated the prosoecution evidence found the petitioner-accused guilty and passed the judgment and order dated 28-5-2006 as stated in para-1 of this judgment. The petitioner-accused then preferred appeal being Criminal Appeal no. 61 of 2006 in the Sessions Court, Ahmedabad against the aforesaid judgment and order of conviction and sentence. The learned Addl. City Sessions Judge, Ahmedabad, by his judgment and order dated 13-6-2007 dismissed the appeal, giving rise to the present Criminal Revision Application.