MARUTI SAKHARAM AHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE only question that arises on this petition filed by the original accused,- who has been convicted for, an offence Under Section 85 (1) of the Bombay Prohibition Act, is whether open courtyard of police lines is a public place or a place to which public have of are permitted to have access.

(2.) THE facts on which this question arises are as follows: The accused is a police constable residing iii police lines in the City of Nasik. On the night of Sept. 1, 1973 at about 11-30 p. m. , information was received by Sub-Inspector of Police, Kadambande, of Trimbak Police Chowky at Nasik from some boys, one of whom was Shriram Katkade, that the accused was behaving in a disorderly manner under the influence of drink in the open courtyard outside the police quarters in which the accused himself resided.

(3.) ON receiving this information, the Sub-Inspector accompanied by some other police officers went to the spot and they took the accused in custody and it is stated that he was found behaving in a disorderly manner as he was abusing those who were collected there.