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2007 Supreme(Gau) 86

TINLIANTHANG VAIPHEI
Jhantu Das – Appellant
Versus
State of Tripura – Respondent


JUDGMENT

T. Vaiphei, J.

1. This criminal revision petition is directed against the order dated 30.7.2005 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No. 42(3)/2005 upholding the order dated. 27.6.2005 passed by the learned Judicial Magistrate 1st Class, Court No. 6, Agartala, West Tripura in C.R.(V) No. 857 of 2005.

2. I have heard Mr. S. Saha, the learned Counsel for the petitioner and Mr. R.C. Debnath, the learned Public Prosecutor in-charge for the respondent.

3. The case of the prosecution is that on 19.5.2005 at about 21-00 hours, the police received an information to the effect that a Mini Bus bearing TR-01-A-1418 (CD Ride) driven by the petitioner dashed against SPF bridge and accordingly, rushed to the spot and found the driver of the Mini Bus, i.e., the petitioner detained by the local people. The petitioner was alleged to have created disturbance under the influence of liquor. On interrogation, the petitioner could not give any satisfactory reply or produce the registration certificate or his driving licence, whereupon he was arrested under Sections 181/185 of the Motor Vehicles Act, 1988 ('the M.V. Act'). Thereafter the petitioner was take
















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