ASHOK YASHWANT AWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal revision application is filed by the petitioner/original accused, being aggrieved by the judgment and order dated 9th December, 1992 passed by the Sessions Judge, Nashik, dismissing the appeal of the appellant.

(2.) THE petitioner/original accused was charged for the offence punishable under section 85 (1) of the Bombay Prohibition Act, 1949. The facts which are required to be stated are as follows: there was a Bhajan Programme going on in the Village Shirwade on 25th August, 1988. P. W 1 Police Constable No. 280 Gangadhar Pelmahale and P. W. 3 Police Head Constable No. 1163 Bagul were on bandobast duty at the village, as there was Harinam Saptaha. On that day, at about 6. 30 p. m. the accused came over to the spot where the said Harinam Saptaha programme was going on, and he was shouting in loud voice and was behaving in a disorderly manner. The constable therefore, caught hold of him and found that he was under the influence of alcohol. Two witnesses were called. They also took the smell of the breath of the accused, which was smelling of alcohol. The person gave his name as Ashok Yashwant Aware, who is the accused before the Court. Police Head Constable Bagul caught hold of him and took him to Lasalgaon Police Station. He also made a phone call to the Police Station and called a jeep. The accused was taken to the Medical Officer, who examined him and certified that he was under the influence of alcohol. Thereafter, P. W. 1 Police Constable Pelmahale lodged complaint in the Police Station. Crime No. 89 of 1988 for the offence punishable under section 85 (1) of the Bombay Prohibition Act, 1949 was registered against the accused. All the formalities were completed and the charge-sheet to be filed in the Court of the Magistrate, First Class. The learned Magistrate, after recording evidence and after hearing both the sides, sentenced the accused to suffer rigorous imprisonment for three months and to pay a fine of Rupees Five Hundred, in default, to suffer rigorous imprisonment for three weeks more for the offence punishable under section 85 (1) of the Bombay Prohibition Act in Summary Case No. 814 of 1988.

(3.) BEING aggrieved by the judgment and order passed by the learned Magistrate, First Class, Niphad, the accused preferred appeal being No. 14 of 1990 in Sessions Court at Nashik. The learned Sessions Judge, after hearing both the sides, confirmed the finding of guilt of the accused and dismissed the appeal. Being aggrieved by the said order of dismissal of appeal, the accused has approached this Court, by way of present Criminal revision application.