SURESH KUMAR GUPTA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE Petitioner has been found guilty under Section 4 of the Assam Liquor Prohibition Act 1952 mainly on the evidence of P.W. 1, a doctor attached to Tezpur Civil Hospital, who on examination of the accused -Petitioner on 31.8.77 had found: (1) both pupils were dilated, (2) smell of liquor from the mouth, and (3) inability to take care of himself. The other P.Ws. have mainly deposed about some disturbance being caused by the accused at the police station, where the accused had appeared along with a woman towards the midnight. These witnesses are P.Ws. 2, 3 and 4. The conviction is thus apparently founded on the findings of P.W. 1.

(2.) QUESTION is whether this is enough under the eye of law to bring home the charge of consumption of liquor. Reliance has been placed by the prosecution on Section 3A of the Act which reads.

(3.) WHEN the attention of the learned Sessions Judge was invited to the aforesaid Supreme Court decision, the learned Judge observed that the case at hand was different inasmuch as here the accused accompanied by a woman entered a police station almost at midnight and caused disturbance there uttering filthy words all through, It would be difficult on the basis of these facts to hold that the Petitioner must have done as above only because he was drunk in this connection it would be apposite to mention that the Petitioner was in the mental hospital for some time before the occurrence. P.W. 4 was therefore asked whether he new that the Petitioner had noted as above being drunk or due to insanity.