JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor and Mr. SC Biswas, learned Special counsel for NF Railways.

2. The petitioner herein is a retired employee of NF Railways and has preferred the present criminal revision petition under Section 397/401 of Cr.P.C. assailing a judgment dated 07.02.2011 passed by the learned Special Magistrate, 1st Class, Guwahati in CR case No. 91C/2008, whereby the petitioner was convicted under Section 145/146 of the Railways Act and he was sentenced to pay a fine of Rs. 1000/- and in default to undergo Simple Imprisonment for 10 days inasmuch as it was alleged that he was found in an intoxicated state while on duty. The further challenge is the appellate judgement dated 12.03.2012 passed by the learned Sessions Judge, Kamrup in Criminal Appeal No. 67/2011 preferred by the present petitioner, whereby the judgment passed by the learned trial court was upheld.

3. Mr. B Choudhury, learned counsel for the petitioner submits that the petitioner has already retired from service and he never indulged during office hours except on the alleged occasion and