J.R. CHOPRA, J.—Through this revision, the judgment of the trial court rendered by the learned Judicial Magistrate 1st Class (Roadways), Hanumangarh dated 23-9-1981 and the appellate judgment of the learned Addl. Sessions Judge No. 1, Hanumangarh dated 14-9-1982 have been challenged on a purely legal ground. It is alleged that the trial court as also the appellate court convicted the accused on the basis of the old section 117 of the Motor Vehicles Act. The incident took place on 28-7-1979 at about 2 p.m. when the accused was found driving Roadways Vehicle No. RSG 2724 under the influence of alcohol. It is alleged that he had no control over the vehicle and, therefore, the bus was unsteady. Medical examination of the accused was got conducted and it was opined by the Doctor that accused Roop Singh was under the influence of alcohol. On that basis, a complaint was lodged before the learned Roadways Magistrate who held the accused guilty as aforesaid and that judgment was upheld by the learned Sessions Judge.

2. Mr. Sandhu learned counsel appearing for the petitioner has sub-mitted that section 117 of the Motor Vehicles Act has been substituted by a new section which is section 9 of t

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