JHANTU DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 30.07.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 42(3)72005 upholding the order dated 27.06.2005 passed by the learned Judicial Magistrate 1 st Class, Court No. 6, Agartala, West Tripura in C.R. (V) No. 857 of 2005.

(2.) I have heard Mr. S. Saha, the learned counsel for the petitioner and Mr. R. C. Debnath, the learned Public Prosecutor in- charge for the respondent.

(3.) The case of the prosecution is that on 19.05.2005 at about 21.00 hours, the police received an information to the effect that a Mini Bus bearing TR-01 -A-1418 (CD Ride) driven by the petitioner dashed against SPF bridge and accordingly, rushed to the spot and found the driver of the Mini Bus, i.e., the petitioner detained by the local people. The petitioner was alleged to have created disturbance under the influence of liquor. On interrogation, the petitioner could not give any satisfactory reply or produce the registration certificate or his driving licence, whereupon he was arrested under Sections 181/185 of the Motor Vehicles Act, 1988 (hereinafter called 'the M.V. Act' for short). Thereafter the petitioner was taken to the medical officer of Bamutia PHC, who after examination, certified that the petitioner consumed alcohol and was violent and unable to control himself. On the basis of this finding, the police challenged the petitioner to stand the trial. The petitioner appeared before the learned Judicial Magistrate 1st Class and pleaded guilty to the offence alleged against him. Upon this plea of guilt, the learned Magistrate convicted him under Sections 181/185 of the M. V. Act and sentenced him to pay a fine of Rs. 500/- in respect of the offence under Section 181 of the M.V. Act and to undergo S.I. for 10 days in default of payment of fine and also sentenced him to suffer S.I. for 3 months with a fine of Rs. 1,000/- and to further undergo S.I. for 15 days in default of payment of fine in respect of the offence committed by him under Section 185 of the M.V. Act. Aggrieved by this, the petitioner preferred an appeal in the Court of the Sessions Judge, West Tripura, Agartala, which was registered as Criminal Appeal No. 42(3)/2005. The learned Sessions Judge by his order dated 30.7.2005 dismissed the appeal holding that he did not find any illegality in the order of conviction and sentence since the appellant pleaded guilty to the charges and that moreover, the case being a petty offence, no appeal would lie against the conviction and sentence in petty offences. This is how this revision petition came to be filed by the petitioner.