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1984 Supreme(Guj) 99

I.C.BHATT, P.SUBRAMONIAN POTI, S.B.MAJMUDAR
CHAMANBHAI GANGARAM VANKAR – Appellant
Versus
STATE – Respondent


Advocates Appeared: R.M.VIN, SHANTILAL K.SHAH

S. B. MAJMUDAR, J.

( 1 ) THE question posed for consideration of the Full Bench pertains to the correct interpretation of the words official seal of the registered medical practitioner as employed by Rule 4 (1) of the Bombay Prohibition (Medical Examination Blood Test) Rules 1959 (hereinafter referred to as Blood Test Rules) framed under Section 143 (2) (w) of the Bombay Prohibition Act 1949 (hereinafter referred to as the Prohibition Act ). Whether the concerned registered medical practitioner who collects blood from the accused has to use his own seal if any or whether he can utilise the official seal of the hospital to which he is attached is the vexed question which has to be answered on the interpretation of the aforesaid words employed in the last sentence of Rule 4 quoted above.

( 2 ) BEFORE we proceed to grapple with the aforesaid question it would be advantageous to refer to the background facts which have led to the present reference to the Full Bench.

( 3 ) THE applicant in the present revision application was charged under Section 66 (1) (b) and Section 85 (1) (3) of the Prohibition Act before the learned J. M. F. C. Kheralu. It was alleged that the applicant was found


















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