MANUBHAI NARAYANBHAI SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both this Criminal Revision Application as well as the Criminal Appeal arise out of the common judgment and order dated 30-1-2004 passed by the learned Additional Sessions Judge, Fast Track Court, Mehsana in Criminal Appeal no. 67 of 2001, the same are being heard and decided together by consent of the learned Counsel for the parties and are being disposed of by this common judgment. 1. 1 By means of this Revision Application filed under Section 397 of the Criminal Procedure Code, 1973, the petitioner-Manubhai Narayanbhai Suthar (Mistry)original accused has challenged the judgment and order dated 17-10-2001 passed by the learned Judicial Magistrate, First Class, Kheralu, in Criminal Case no. 320 of 1996 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 three months and fine of Rs. 500/- in default, simple imprisonment for 25 days. The learned Magistrate acquitted the petitioner for the offence punishable under Section 85 (1) (3) of the Bombay Prohibition Act and Section 110 of the Bombay Police Act. The petitioner has also challenged the judgment and order dated 30-10-2004 passed by the learned Addl. Sessions Judge, (Fast Track Court), Mehsana in appeal being Criminal Appeal no. 67 of 2001 whereby the learned Sessions confirmed the conviction but suspended the order of sentence passed by the learned J. M. F. C. , and petitioner was directed to render community service for the period of three months in Mehsana Civil Hospsital by imposing some conditions. Criminal Appeal no. 1846 of 2005 has been preferred by the State of Gujarat against the said judgment and order dated 30-10-2004 passed by the learned Additional Sessions Judge, Fast Track Court, Mehsana in Criminal Appeal no. 67 of 2001.

(2.) IT is the case of the prosecution that on 20-12-1995 when the complainant Head Constable- Kanjibhai and other police personnel were present near the ST Bus Stand Kheralu at about 9. 00 p. m. they found the present petitioner-accused in a fully drunken condition and using filthy language. Therefore, after drawing Panchnama of the physical condition of the present petitioner a complaint (Exh. 29) was lodged against the present petitioner. Thereafter, the petitioner was sent to Primary Education Centre, Kheralu with Police Yadi for medical examination. On receipt of the report to the effect that the petitioner's blood contained alchohol, the petitioner-original accused was charge-sheeted for the aforesaid offences. The accused pleaded not guilty.

(3.) AT the trail, the learned Judicial Magistrate, First Class,kheralu, having recorded and appreciated the prosoecution evidence found the petitioner-accused guilty and passed the judgment and order dated 17-10-2001 as stated in para-1 of this judgment. The petitioner-accused then preferred appeal being Criminal Appeal no. 67 of 2001 in the Sessions Court, Mehsana, against the aforesaid judgment and order of conviction and sentence. The learned Addl. Sessions Judge, Fast Track Court, Mehsana, by his judgment and order dated 30-10-2004 confirmed the conviction but suspended the order of sentence passed by the learned J. M. F. C. , and petitioner was directed to render community service for the period of three months in Mehsana Civil Hospsital by imposing some conditions, giving rise to the present Criminal Revision Application.