JUDGMENT - 1. A rather interesting question relating to the validity of Section 129A of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949), arises in this reference made to this Court by the joint Civil Judge and Judicial Magistrate First Class, Islampur, under Section 432 of the Criminal Procedure Code. One Sheshappa Dudhappa Tambad of Chikorde in the Sangli District is charged with having committed offences under Section 85(1), (2) and (3) of the Bom-bay Prohibition Act and Section 186 of the Indian Penal Code. The allegation against the accused was that he was found drunk in a public place, incapable of taking care of himself and behaved in a disorderly manner under the influence of drink and had, as such committed offences under Section 85 (1) (2) and (3) of the Act. The other charge against the accused was that he voluntarily obstructed a public servant in the discharge of his public functions, inasmuch as, he offered resistance to the medical officer before whom he was produced and refused to allow the medical officer to collect his blood. Section 129-A empowers any Prohibition Officer duly empowered in this behalf by the State Government or any police officer to produ

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