NARESH DINKAR TARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Admit. By consent, heard forthwith.

(2.) By this application under section 482 of the Code of Criminal Procedure, the applicant challenges the order of conviction and sentence imposed upon him by the Metropolitan Magistrate by his order dated 9th July, 2009 and confirmed in Criminal Revision Application no. 107 of 2009 by the learned Add!. Sessions Judge for Greater Mumbai on 31st July, 2009.

(3.) At wee hours of 2.45 a.m..on 9th July, 2009 the applicant was sighted driving a motor cycle by a police officer. The applicant was accosted and was subjected to a breath analysis test which showed presence of 499 milligram of alcohol per 100 ml in his blood. The police officer directed the applicant to appear before the Special Metropolitan Magistrate, Bandra at 11.00 a.m on 9th July, 2009. Accordingly, the applicant appeared before the Magistrate and his plea was recorded forthwith. The applicant pleaded guilty whereupon he was convicted and sentenced to Simple Imprisonment of 25 days with a fine of Rs.2,000/ and in default to undergo Simple Imprisonment for 10 days. The licence of the applicant was also suspended for 10 months.