1. Aggrieved by the conviction and sentence under Section 185 of the Motor Vehicles Act (MV Act), confirmed in appeal by the appellate court, the accused in C.C.No.804/1999 before the Judicial First Class Magistrate Court-I, Kanjirappally has come up in revision. The prosecution case is that at about 6.40 pm. on 27.7.1999 the revision petitioner was found driving the Bus No.KL7/U1166 in a drunken condition. He was arrested on the spot by the Sub Inspector of Police, Pallickathodu, and was subjected to examination by a medical practitioner. On examination, the doctor found that the revision petitioner had consumed alcohol but he was not under the influence of alcohol at the time of examination. However blood sample was collected, and on examination in the laboratory, the blood sample was found containing 51.75 mgs of Alcohol per 100 ml. of blood. On examination the urine sample was found containing 63.25 mgs of Alcohol per 100 ml of urine. Even before obtaining report of analysis, the Sub Inspector of Police suo moto registered FIR against the revision petitioner under Section 185 of the Motor Vehicle Act, and investigation proceeded.

2. The revision petitioner pleaded no