CHHAGANJI KHENGARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Common questions of law and fact arise in all these three revision petitions and hence they are being disposed of by this judgment.

(2.) In Criminal Revision Application No. 464 of 1966 petitioner Chhaganji was prosecuted for offences punishable under secs. 85(1)(3) and 66(1)(b) of the Bombay Prohibition Act 1949 which will be hereinafter referred to as the Act.

(3.) The prosecution story was that on 13th March 1966 at about 1-30 p.m. the petitioner was found drunk near the hospital in a public place in Deesa town district Banaskantha and he had also consumed liquor without a pass or permit. Learned Judicial Magistrate First Class Mr. N. G. Butala in that Criminal Case No. 380 found that the petitioner was not found under the influence of drink. He was not found intoxicated. He therefore acquitted him of the offence under sec. 85(1)(3) of the Act. He further found that the petitioner had consumed liquor without pass or permit. In view of that finding of his he convicted him of an offence punishable under sec. 66(1)(b) of the Act and sentenced him to suffer three months rigorous imprisonment and to pay a fine of Rs. 500/and in default of payment of fine to undergo one and a half months further rigorous imprisonment. Against that order of conviction and sentence recorded against the petitioner the petitioner filed Criminal Appeal No. 49 of 1966 in Sessions Court Banaskantha District at Palanpur. Learned Sessions Judge Palanpur Mr. M. I. Pandya who heard that appeal dismissed it upholding the order of conviction and sentence. Against that order this revision application has been filed by the petitioner in this Court.