JUDGMENT - M.L. PENDSE, J.:---By this revisional application, the accused is challenging the legality of his conviction recorded by the trial Magistrate by judgment dated September 28, 1971 for an offence under section 85 of the Bombay Prohibition Act and section 112 read with section 117 of the Bombay Police Act and confirmed by the Additional Sessions Judge. Thane, by judgment dated December 18, 1979. The trial Magistrate had imposed the sentence of rigorous imprisonment for six months and the fine of Rs. 1000/-, in default rigorous imprisonment for three months for an offence under section 85 of the Bombay Prohibition Act and the sentence of fine of Rs. 100/- in default, rigorous imprisonment for 7 days for an offence under section 112 read with section 117 of the Bombay Police Act. The Additional Sessions Judge while confirming the sentence for the offence under the Bombay Police Act, reduced the substantive sentence to the period already undergone for an offence under section 85 of Bombay Prohibition Act and retained the fine.

2. The incident which gave rise to the prosecution occurred on April 3, 1975. The petitioner was attached to the Shahapur Police Station as Police Hea

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