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1979 Supreme(Bom) 3

DHARMADHIKARI
Arjun Sitaram Dende – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
P.S. Patankar, for Applicant; J.A. Barday, Public Prosecutor, for the State.

JUDGMENT :- The accused-applicant in this case was working as a watchman in the Civil Hospital at Sholapur. He was prosecuted for an offence punishable under Secs. 66 (1) (b) and 85 (1) of the Bombay Prohibition Act for consuming liquor and for behaving in disorderly manner on the night between May 12, 1972 and May 13, 1972 in the premises of the Civil Hospital, Sholapur. That night, Head Constable Sidram Kale (P. W. 1) was on duty in Sadar Bazar Chowky. He received the telephonic message from the police station officer that the accused was behaving in a disorderly manner while under the influence of drink in the hospital premises itself. The Ward-boy Sable had sent this message on telephone to the Police Station Officer. In pursuance of the telephonic message, P. W. No. 1 Kale went to the Civil Hospital. He found the accused behaving in a disorderly manner. P. W. No. l Kale produced the accused before the Medical Officer Dr. Smt. Kishti (P. W. 4) who examined him and issued the certificate vide Exh. 19. The Medical Officer collected the sample of the intravenous blood of the accused, in a phial and duly sealed it. The forwarding letter in Form 'B' was also sent with the sealed phi
























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