NARENDRAPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the petitioner.

(2.) IN this writ petition, the petitioner seeks to challenge order Annex. P/2 dated 31. 1. 1994 passed by the Superintendent of Police, Sriganganagar as well as order Annex. P/3 dated 19. 4. 1995 passed by the Deputy INspector General of Police, Bikaner Range, Bikaner. During the pendency of the writ petition, petitioner Narendra Pal died and vide order dated 14. 1. 1999 application for substitution of the legal representatives of deceased petitioner was allowed and (1) Smt. Narendra Kumari w/o late Narendra Pal, (2) Pawan Kumar s/o Late Narendra Pal and (3) Manju, (4) Kiran and (5) Geeta Daughters of late petitioner Narendra Pal were substituted in place of the deceased petitioner.

(3.) IT is submitted by the petitioner that the finding on charge No. 1 is without any basis and without any evidence. According to him, Dr. Inderjeet made report only on the basis of smell that he had consumed liquor. P. W. 1 Dr. Inderjeet categorically stated in his evidence that only on the basis of smell coming out from the mouth of the petitioner he made the report of the petitioner having consumed liquor and, in fact, no tests were carried out. At the inquiry, this witness of the department did not prove any test report and himself stated that though blood was taken for test, but there being no letter from the inquiry officer of the preliminary inquiry, he did not get the blood tested to find out percentage of alcohol. In his cross-examination, PW. 1 Dr. Inderjeet stated thus: *** The petitioner's submission is that in the absence of any report with regard to percentage of alcohol the prosecution cannot claim to have proved its case against the petitioner because it has categorically come on record by way of evidence that the petitioner was being medically treated for his protracted illness. Even P. W. 1 Dr. Inderjeet has further stated in his cross-examination that there are numerous medicines which contain as an essential ingredient a quantity of alcohol and a higher does of the medicine may make it difficult to ascertain whether it is medicine or alcohol consumed by the person.