( 1 ) THIS revision petition arises out of conviction of the petitioner under sec66 (i) (b) of the Bombay Prohibition Act passed by the Judicial Magistrate First Class Kalol in Criminal Case No. 3074 of 1968. This conviction of his came to be confirmed by the learned Extra Additional Sessions Judge Mehsana in Criminal Appeal No. 53 of 1970.

( 2 ) IT was alleged against the petitioner that he was found drunk at Kalol on a public road on 21st August 1968 in the evening and that he was found drunk with the result that he was sent to the local Medical Officer for examination. The Medical Officer found that his speech gait and pupils were normal; but he was found under the influence of alcohol. He extracted his blood that evening at about 10-30 P. M. and sent it to the Chemical Analyser for examination on 28th August 1968 by registered post. This blood sample was received by the Chemical Analyser on 31st August 1968. On examination thereof he certified that the concentration of alcohol was to the extent of 0. 0736 w/v of alcohol. It was held that the presumption arising under sec. 66 (2) of the Bombay Prohibition Act had not been rebutted.

( 3 ) ONE of the contentions rai