SHAIKH VAIDULLA AJMATTULHAQ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner came to be convicted of the offence punishable under section 85 (1) of the Bombay Prohibition Act by Chief judicial Magistrate, Osmanabad. The petitioner was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-, in default, to suffer s. I. for one month. The matter was carried in appeal, Learned Additional sessions Judge, Osmanabad, by his order dated 3-4-1998, dismissed Criminal appeal No. 103/1996, confirming the order of conviction and sentence passed by the trial Court. These orders are impugned in the present revision petition.

(2.) Relevant facts, in nutshell, are that : the petitioner was serving as a constable (Buckle No. 199). He was attached to the Headquarter. During the relevant period, the petitioner was deputed on a guard duty at civil hospital. On 15-5-1993, Head Constable - Umbari (Buckle No. 404) submitted a report to a. S. I.- Tongale (PW-1) that the petitioner is absent from his duty. A. S. I. Tongale, therefore, appointed another police constable for performing duty at the hospital.

(3.) On that day, as usual, Roll Call was being taken at the Headquarter at about 8. 00 p. m. Petitioner went there and threatened R. P. I.- Mohan Waghul, who was taking the Roll Call and asked him to mark his attendance. The petitioner was intoxicated and was shouting at the R. P. I. In view of this conduct of the petitioner, work of taking Roll Call could not be proceeded with. Thus, r. P. I. Waghul took him to the duty officer A. S. I. Tongale. The petitioner was then sent to the Control room and from there to the hospital for examination. At the hospital, it was found that the petitioner was under the influence of alcohol. In this view of the matter, A. S. I. V. D. More (PW-5) lodged a report of the occurrence. Subsequently PSI Ghodke (PW-4) obtained permission from the superintendent of Police, Osmanabad to prosecute the petitioner/accused. After the permission was granted, offence was registered. Eventually the petitioner came to be charge-sheeted.