LAWS(ORI)-1967-11-5

DEBRAJ HOTA Vs. THE STATE

Decided On November 16, 1967
Debraj Hota Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) THIS is an application in revision filed by the Petitioner. Debraj Hota against the order of Sri R.N. Das, Sub - divisional Magistrate, Bhanjanagar, convicting the accused under Section 3(5) of the (Madras) Town Nuisance Act and sentencing him to a fine of Rs. 20/ - in default to undergo simple imprisonment for five days.

(2.) P .w.4 the S.I. of Bhanjanagar submitted a prosecution report under Section 3(12) of the (Madras) Town Nuisance Act, 1889, (hereinafter referred to as 'the Act') on the allegation that the Petitioner on 13 -10 -1965 at about 9.30 p.m., being under the influence of liquor, that is, in a drunken state, misbehaved with the Medical Officer, Government Hospital, Bhanjanagar, on the verandah of the hospital building. The other act alleged against the Petitioner was that he was making hulla in that state of intoxication. The Medical Officer (p.w.5) sent information to the police station after which two constables were deputed to apprehend the Petitioner and the Petitioner was taken to the Thana and put under police lock up until he became sober when he was let off on bail.

(3.) THE defence was a total denial of the charge of drunkenness. The Petitioner's case was that he wanted to make a representation about his arrear salary to the Civil Surgeon who was then camping there and wanted permission of the doctor, p.w.5 to do so. On the doctor's refusal to grant permission the accused insisted and persisted in his request. In consequence the doctor got angry and shouted at him and this is how the hulla was created. In support of his defence he examined two witnesses to show that at the material point of time he was not drunk.