JUDGMENT - S.C. PRATAP, J.:---This revision application by the original accused one Shravan Ganpat Randhir has been preferred against the order of his conviction and sentence dated 5th August, 1978 passed by the learned Judicial Magistrate, First Class, Baramati, in Summary Case No. 363 of 1975 which order was confirmed by the learned Additional Sessions Judge, Pune, while dismissing the petitioners Criminal Appeal No. 138 of 1978 on 23rd March, 1979.

2. The original prosecution against the accused was one under section 66(1)(b) as also section 85 of the Bombay Prohibition Act. Briefly stated, the prosecution case was that on 5th June, 1975 at about 8.30 p.m. The accused visited the house of one Shankar Rayste and demanded money. At that time, the accused was under the influence of alcohol and refused to leave the house of Shankar though asked to do. Shankar thereupon produce the accused at the Police Station, Baramati. Head Constable at the Police Station recorded complaint against the accused. The accused was then sent for medical examination. After completion of investigation and receipt of blood report from the Chemical Analyser, the accused was charge-sheeted in the Court of

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