TULSIRAM GANGARAM RAYKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I propose to dispose of these two applications by a common judgment as they are directed against the same order.

(2.) Tulsidas Gangaram Raykar, the applicant in Criminal Revision Application No. 38 of 1975 was the original accused who took his trial before the learned Judicial Magistrate, First Class, Bassein, for offences punishable under sections 66(1)(b) and 85(1)(1) of the Bombay Prohibition Act. The learned Magistrate convicted him under both the counts and awarded R.I. for three months and a fine of Rs. 500/- in default R.I. for 15 days under the first count, whereas under the second count he was given R.I. for 7 days and a fine of Rs. 25/- in default R.I. for seven days more with a direction that the substantive sentence to run concurrently. On an appeal being preferred by the accused, it was dismissed by the learned Second Additional Sessions Judge, Thane, who, however, altered the conviction under the second count from section 85(1)(1) of section 85(1)(3). Subject to his modification the quantum of sentence was confirmed. Against this order the accused has approached this Count in revision, whereas the State has preferred the companion Revision Application No. 544 of 1975 for enhancement of sentence.

(3.) The prosecution case in brief was that Mr. Mohite, Traffic Inspector of the S.T. Bus Depot at Bassein received information that one S.T. bus was parked on the road from Bassein town to Bassein Railway Station. Therefore, he went to the spot in another bus by about 9 p.m. on 8-7-1972, date of the alleged offence and found the accused, a driver of S.T. bus lying in the bus drunk. The accused, was taken to the Medical Officer on the directions of the Depot Manager Mr. Gogate and on examining him at about 11-15 p.m. the Medical Officer Dr. Kulkarni extracted blood and also issued a certificate that the accused was drunk. The Chemical Analyser, in due course found the blood sample to contain 0.62% w/v of ethyl alcohol.