ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this revision, the judgment of the trial Court rendered by the learned Judicial Magistrate I Class (Roadways) Hanumangarh dated 23-9-81 and the appellate judgment of the learned Addl. Sessions Judge No. 1, Hanumangarh dated 14-9-82 have been challenged on a purely legal ground It is alleged that the trial Court as also the appellate court convicted the accused on the basis of the old S.117 of the Motor Vehicles Act. The incident took place on 28-7-79 at about 2 P.M. when the accused was found driving Roadways-vehicle No. RSG 2724 under the influence of Alcohol. It is alleged that he had no control over the vehicle and, therefore, the Bus was unsteady. Medical examination of the accused was not conducted and it was pointed by the Doctor that accused Roopsingh was under the influence of Alcohol. On that basis, a complaint was lodged before the learned Roadways Magistrate who held the accused guilty as aforesaid and that judgment was upheld by the learned Sessions Judge.

(2.) Mr. Sandhu learned counsel appearing for the petitioner has submitted that S.117 of the Motor Vehicles Act has been substituted by a new Section which is S.9 of the Motor Vehicles (Amendment) Act 1977 i.e. the Act No. 27/1977. The old Section 117 of the Motor Vehicles Act reads as under :- 117. Driving while under the influence of drink or drugs :- Whoever while driving or attempting to drive a motor vehicle is under the influence of drink or drug to such an extent as to be incapable of exercising proper control over the vehicle shall be punishable for a first offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and for a subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees or with both.

(3.) This new Section which came into force w.e.f. 1-3-77 reads as under :- 117. Whoever, while driving, or attempting to drive, a motor vehicle or riding or attempting to drive, a motor cycle,-