Judgment

SHELAT, J. :- On December 18, 1967 at about 6.45 p.m. P.W. 3 Dukhuprasad Tiwari, a taxi driver, brought in his taxi the appellant, then a police Head Constable, to the Vithalbhai Patel Road Police Station, Bombay, together with another person. The appellant was at that time in the police uniform. He was lying unconscious in the taxi, his breath smelt of alcohol and he was unable to take care of himself. His companion too was in a similar condition. Police Inspector More thereupon sent the appellant to the J. J. Hospital where the appellant was examined by Dr. Kandurkar. The medical certificate issued by the doctor showed that the appellant was still under the influence of alcohol, that his pupils were dilated and though his speech was coherent, he was still under the effects of alcohol. The chemical analyser s report of his blood, taken as a sample, showed that it contained alcohol to the extent of 0.230 m.g. On these facts, the appellant was put up for trial before the Presidency Magistrate, 4th Court under Sections 66 (1) (b) and 85 of the Bombay Prohibition Act, 25 of 1949.

2. Sec. 66 (1) (b) of the Act provides that whoever, in contravention of the provisions of the Act