STATE OF MAHARASHTRA Vs. NARAYAN SITARAM CHAVAN

JUDGEMENT

(1.) THIS is an appeal which the State has filed to take exception to the acquittal of the respondent-accused upon the charges under section 66 (1) (b) of the Bombay Prohibition Act.

(2.) THE respondent accused is a Police Head-Constable and was at the material time attached to Dhebewadi Police Station, District Satara. Quite close to the Police Station are residential quarters meant for Police Constables. The respondent No. 1 living in one of these. Attached to the said Police Station were two other Constables by name Nalawade and Mulani and one Fadatare, Police Jeep Driver, entrusted with the work of driving the jeep which kept at the disposal of the said Police Station. All of them also lived in the Police-lines. One Shri Patil, was at the material time the Police Sub-Inspector in charge of Dhebewadi Police Station.

(3.) ON 10th of May 1980 at about 9-10 p. m. the Constable Nalawade and Mulani as also the jeep driver Fadatare had performed the duty of patrolling from about 4. 00 p. m. on that day. It is the prosecution case that at about 9-10 p. m. all the three of them went to eating house called Sujata Hotel for having meals. As they neared the said place, on the road and in the light of the jeep they saw the respondent-accused, Head Constable Narayan Sitaram Chavan, indulging in shouting abuses and obscenities and behaving in a disorderly manner. On getting down from the jeep they saw that accused was under influence of liquor. In this situation, all these three Policemen caught hold of the accused, put him in jeep and took him to the Police Station. P. S. I. Patil, was present at the Police Station and directed that accused be immediately taken to the Medical Officer at the place for his medical examination. The respondent was accordingly taken to the Primary Health Centre. The Medical Officer Dr. Karan J. Wadekar, carried out a clinical examination. He also took sample of blood of accused which was subsequently forwarded to the Chemical Analyser at Pune. Report on the condition of respondent-accused was also furnished to the P. S. I. by the Medical Officer. An offence was then registered against the accused and in view of the alcohol examination, certificate issued by the Medical Officer also the report subsequently furnished upon the blood examination as to the contents and percentage of the alcohol therein, the accused was charge sheeted under section 66 (1) and also under section 85 (1) of the Bombay Prohibition Act. He was also further charged under section 110 read with section 117 of the Bombay Police Act for indecent behaviour in a public place.