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1983 Supreme(Online)(Guj) 3

GUJARAT HIGH COURT
A. M. Ahmadi, J
Sureshbhai K. Desai v. State of Gujarat


Advocates:
For the Appellants/Petitioners: Mr. Arun H. Mehta
For the Respondents: N/A

1. This petition is filed against the order of the learned Sessions Judge, Valsad at Navsari in Criminal Revision Application No. 32 of 1977. Condoning the delay in filing the charge - sheet against the petitioner, and setting aside the order of the learned Judicial Magistrate, First Class. Umbergaon in Criminal Case No. 656 of 1978, which was to the effect that as the charge - sheet was presented beyond the period of limitation, the charge - sheet was ordered to be filed and the process issued against the accused was quashed.

2. So far as the facts are concerned, they are not disputed, and averments are made to that effect in this revision petition also. It is a fact that the petitioner - accused was arrested for the commission of offences punishable under S.66(1)(b) and S.85(1) and (2), Bombay Prohibition Act , 1947, and S.110, Bombay Police Act , 1951. The accused was arrested at about 9.30 p.m. on 17-12-1976 on suspicion of having consumed alcohol. Blood sample was taken on that very day by the Medical Officer who clinically examined him. The blood sample was sent to the chemical Analyser on 18-12-1976, and as per the averment in the petition as well as in the orders of the lear













































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