STATE OF MAHARASHTRA Vs. VIJAYSINGH DINKARRAO RAJURKAR

JUDGEMENT

(1.) THIS order will govern the disposal of both these matters.

(2.) CRIMINAL Appeal No. 234 of 1962 filed by the State is against the order of acquittal of the respondent Shri Vijaysingh Rajurkar by the Sessions Judge, Akola, in respect of the offence under Section 66(1)(b) of the Bombay Prohibition Act in Criminal Appeal No. 117 of 1962. Criminal Revision Application No. 224 of 1962 is filed by accused Vijaysingh against his conviction under Section 85(1)(1), (2) and (3) of the Bombay Prohibition Act and sentence of 7 days' rigorous imprisonment and a fine of Rs. 25 or in default rigorous imprisonment for 7 days more, passed by the Judicial Magistrate, First Class, and confirmed by the Sessions Judge, Akola, in the above appeal.

(3.) THE incident leading to these accusations is alleged to have taken place at about 2 p.m. on June 12, 1961. It is alleged that accused Vijaysingh was heavily drunk and came in a state of intoxication, in the office of the District Superintendent of Police, Akola. The accused was driving a jeep car No. BYJ 6299. One Namdeo Shinde, who was also drunk, was occupying a rear seat in the jeep car. The accused was unable to drive the jeep car properly and the jeep dashed against a corner wall of the office of the District Superintendent of Police. This damaged the front left side buffer and the front left wheel and the rim. This was noticed by one Purushottam, a peon in that office. When Purushottam noticed the condition in which the accused had driven the car and halted it in the porch, he informed the Home Inspector Shri Ghai who was then, acting as a Personal Assistant to the District Superintendent of Police, that the accused had arrived in a drunken condition. The, Home Inspector asked Purushottam that they should be brought inside, and they were taken into the office of the Home Inspector by Purushottam. and Janrao. Janrao was another peon in the office of the D.S.P. When questioned by the Home Inspector, the accused told him that he wanted to see the D.S.P. The Home Inspector therefore took the accused into the room where the D.S.P. was doing work. The D.S.P. had a talk with the accused, found him drunk and asked Shri Ghai to call a police Inspector from the City Kotwali and to send the accused for medical examination. The accused was brought back to the room of the Home Inspector. Then the Home Inspector sent a telephone message to Shri Niyamatkhan in the City Kotwali. Niyamatkhan and two other police officers soon reached the office of the D.S.P. and the accused along with Namdeo was handed over to Shri Niyamatkhan to act according to the instructions of the D.S.P. Niyamatkhan called two persons, Prabhakar and one motor driver, and in their presence a Panchnama noting the condition of the accused was prepared. While this Panchnama was under preparation, the peon Janrao brought a bottle from the jeep car. This bottle was found to contain about two ounces of liquid. This bottle was seized.