D CHANDRA SEKHAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the 1st respondent State.

(2.) The present revision case is filed questioning the orders passed in Crl.A.No.1253 of 2017 dated 206.2018 on the file of the Metropolitan Sessions Judge, Hyderabad, confirming the judgment passed in STC.No.7743 of 2017 dated 01.11.2017 on the file of the IV Metropolitan Magistrate, Hyderabad, directing the petitioner to undergo simple imprisonment for ten (10) days and also to pay a fine of Rs. 3,000/- and further sentenced to pay Rs. 100/- for the offences under Section 145-A and 130/177 of the Motor Vehicles Act, 1988 (for short, "the Act"). In default of payment of fine, the petitioner shall suffer simple imprisonment for two days for each offence.

(3.) The gravamen of the prosecution case is that on 15.06.2017 at 2304 hours Sri N.B. Ratnam, Inspector of Police, Traffic, Chikkadpally police station along with his force were conducting vehicle checking at check point at VST X road. At that time, the petitioner came there riding his two wheeler bearing No.AP 10 AZ 3640. The petitioner was stopped and subjected to Alcohol Test with breath analyzer, wherein the printed result of the test shown the BAC level as 214 Mg/100 ml which is exceeding the permissible BAC level of 30 mg/ml as mentioned in Section 185 of the Act. The concerned police have obtained the signatures of the petitioner on such reading slip as well as on the challan. The petitioner on further questioning also failed to show the relevant documents and thereby he is liable for punishment under Section 130/177 of the Act. On such incident, a case was registered and the petitioner was produced before the Court along with petty case charge sheet. On 01.11.2017, the learned Magistrate has taken cognizance of the offence under Section 185(a) of the Act. As required under Section 207 Cr.P.C., the petitioner was furnished with copies of the case documents. He was examined under Section 251 Cr.P.C. for the above said offences. On such examination the petitioner had admitted the substance of the prosecution case. The said admission of guilt by the petitioner was said to be true and voluntary one. Therefore, the learned Magistrate found the petitioner guilty for the above said offences and convicted him under Section 252 Cr.P.C. On the quantum of sentence, the petitioner submitted that he is the only earning member of his family and he will not repeat the same and requested the Court to take a lenient view in imposing the sentence. Basing on the facts, the learned Magistrate convicted the petitioner for the offences under Section 185(a) of the Act and directed him to undergo simple imprisonment for ten (10) days and also sentenced him to pay a fine of Rs. 3,000/-. The petitioner was also convicted for the offence under Section 130/177 of the Act and directed him to pay a fine of Rs. 100/-. In default of payment of fine, the petitioner shall suffer simple imprisonment for two days for each offence by judgment dated 01.11.2017. Aggrieved by the said judgment, the petitioner filed an appeal vide Crl.A.No.1253 of 2017 before the learned Metropolitan Sessions Judge, Hyderabad. After hearing, the learned Sessions Judge was pleased to dismiss the appeal confirming the judgment in STC.No.7743 of 2017 by judgment dated 22.06.2018. Aggrieved by the said judgment, the present revision case is filed.