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2013 Supreme(Bom) 63

ABHAY M.THIPSAY
Sandeep Indravadan Sagar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:Milan Desai i/by T.R. Patel, H.K. Prem, Satyavrat Joshi, Advocates.
For the Respondents: U.V. Kejriwal, learned APP.

Judgment :

1. All these matters can be conveniently disposed of by this common order, as all of them raise questions about the nature of the offence punishable under Section 185 of the Motor Vehicles Act, 1988 (hereinafter 'M.V. Act' for the sake of brevity), and the procedure for the investigation and the trial thereof. Though the facts of each case are different, and even the contentions raised by the petitioner/applicants are different, the discussion on these aspects would necessarily be common.

2. Before proceeding further, the provisions of Section 185 of the M.V. Act may be reproduced here:-

185. Driving by a drunken person or by a person under the influence of drugs.

Whoever, while driving or attempting to drive, a motor vehicle, -

(a) has, in his blood, alcohol exceeding 30 mg. Per 100 ml. of blood detected in a test by a breath analyser, or

(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if comm



















































































































































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