CHETTUR SANKARAN NAIR, J.

Correctness of the order of acquittal in Criminal Appeal No. 81/88 on the file of the Court of Session Kottayam Division, and correctness of the decision in Verghese v. State of Kerala (1990) 2 KLT 416, relying on which, acquittal was made arise for consideration. In calendar review, a Criminal P.C. was registered against the order of acquittal. The matter than came up before Rajasekharan J. The learned Judge doubted the correctness of the reported decision, and referred the matter to a Division Bench. Thus, it comes before us.

2. Appellant before the Court of Session (called the accused hereinafter), was convicted of the offence under S. 51(a) of the Kerala Police Act, by the trial Magistrate finding that he behaved in a disorderly manner under the influence of 'drink' in the office of PW 3 - Municipal Commissioner, at or about 3.30 p.m. on 19-9-1987. PW 3 made a report to PW 4 - Sub-Inspector of Police, who in turn deputed PW 2 to the Municipal Office. PW 2 arrested the accused and produced him for medical examination before PW 1 Doctor, who issued Ext. P1 certificate. The Magistrate convicted the accused, relying largely on Ext. P1 certifica