KADOBE BHAGJI JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for revision under Section 401 of the Code of Criminal Procedure against the appellate decision of the Additional Sessions Judge, Aurangabad, partly allowing the petitioner's appeal and setting aside the conviction & sentence under section 85(1) of the Bombay Prohibition Act, and confirming the conviction and sentence of the petitioner under section 66(1) (b) of the Bombay Prohibition Act, imposed by the Judicial Magistrate, First Class, Aurangabad.

(2.) It is the case of the prosecution that when the petitioner had gone to take lunch at about 1 p.m. on 13th May, 1975 in Isar Hotel at June Mondha Aurangabad, he behaved in disorderly manner under the influence of liquor. This was reported by the hotel owner's son Harish Kumar to the police. On receipt of the information. Head Constable Patnare who was incharge of the Police Station sent two constables to bring the accused. While they were on their way to the hotel, they met the accused near Jadhav Mandi. They brought him to the police station where he was sent to the Medical Officer. At the hospital, he was examined by Dr. Galande (P. W. 6) at about 2.15 p. m Dr. Galande found that his gait was normal and the speech of the petitioner was coherent but he was smelling of liquor. He collected his blood and sealed it In a phial and sent it to the Chemical Analyser, Bombay for analysis. The analysis disclosed that it contained 0 080% of w/v ethily alcohol. After completing the investigation a chargesheet was filed against the petitioner under section 66 (1) (b) and 85 (1) of the Bombay Prohibition Act.

(3.) The prosecution examined as many as 9 witnesses out of which 4 were regarding his behaviour at the hotel. They are: (1) Harishkumar (P. W, 2), the son of the hotel owner, (2) hotel owner's servant Ramrao (P. W. 3) and (3) Vithal (P. W. 4) and (4) hotel owner Brij Mohan (P. W 8) All of them turned hostile. They did not say that the accused was under the influence of liquor and that he had behaved in disorderly manner.