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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • For Applicant: Miss Dayaramani
  • For Non-Applicant: Mrs. Khade, A.P.P
Judges
  • R.S Mohite, J.
Acts
  • section 293 of Code of Criminal Procedure.
  • section 66(1)(b) of Bombay Prohibition Act,
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
  • For Applicant: Miss Dayaramani
  • For Non-Applicant: Mrs. Khade, A.P.P
Judges
  • R.S Mohite, J.
Acts
  • section 293 of Code of Criminal Procedure.
  • section 66(1)(b) of Bombay Prohibition Act,
See more information ...
Smart Summary

Factual and Procedural Background

The applicant was convicted under section 66(1)(b) of the Bombay Prohibition Act for carrying 19 bottles of country liquor on 4-10-1996. The trial took place in Summary Case No. 1170 of 1996, resulting in a sentence of six months rigorous imprisonment and a fine of Rs. 500/-. The applicant challenged this conviction in Criminal Appeal No. 33 of 1998, but the Sessions Court, Gadchiroli, dismissed the appeal and upheld the original conviction. The present revision petition challenges these two concurrent judgments.

Legal Issues Presented

  1. Whether the Chemical Analyser was required to be examined as evidence under the provisions of the Code of Criminal Procedure.
  2. Whether the applicant’s failure to cross-examine the police constable can be a ground for challenging the conviction.
  3. Whether the sentence of six months imprisonment was excessive given the quantity and nature of the liquor seized.

Arguments of the Parties

Applicant's Arguments

  • The Chemical Analyser was not examined, which the applicant contended should affect the conviction.
  • The applicant was unable to cross-examine the police constable whose evidence was accepted by the lower court.
  • The sentence of six months imprisonment was excessive considering that only 19 bottles of country liquor were seized.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Section 293, Code of Criminal Procedure Determination that Chemical Analyser’s examination is not mandatory evidence The court held that the Chemical Analyser need not be examined under this provision, thus rejecting the applicant’s contention on this point.
Section 66(1)(b), Bombay Prohibition Act Offence related to possession of country liquor The conviction was maintained under this section, confirming the applicant's guilt for carrying country liquor.

Court's Reasoning and Analysis

The court first addressed the applicant’s claim regarding the non-examination of the Chemical Analyser, concluding that such examination was not required under section 293 of the Code of Criminal Procedure. Regarding the failure to cross-examine the police constable, the court held that it was the applicant’s responsibility to cross-examine and that failure to do so could not be used as a ground for challenge. On the question of sentence, the court considered the small quantity of liquor seized (19 bottles of country liquor), the time elapsed since the offence (over six years), and the nature of the liquor. Balancing these factors, the court found the original sentence of six months imprisonment excessive and reduced it to three months, while maintaining the fine. The conviction itself was upheld but the sentence was modified accordingly. The sentence already undergone by the applicant was ordered to be set off.

Holding and Implications

The revision petition is allowed in part by modifying the sentence. The conviction under section 66(1)(b) of the Bombay Prohibition Act is maintained, but the imprisonment sentence is reduced from six months to three months, with the fine of Rs. 500/- retained. The sentence already served by the applicant is to be set off against the reduced sentence.

This decision directly affects the applicant by reducing the period of imprisonment but does not set any new precedent beyond confirming established principles regarding evidence and sentencing discretion.

Show full summary ...

    Ratan v. State Of Maharashtra

    1. Rule. By consent of parties, it is made returnable forthwith.

    2. The applicant has been convicted of the offence punishable under section 66(1)(b) of Bombay Prohibition Act, for carrying 19 bottles (nips) of country liquor on 4-10-1996. He was tried in Summary Case No. 1170 of 1996 and convicted for the offence punishable under section 66(1)(b) of Bombay Prohibition Act and sentenced to suffer R.I for a period of 6 months and to pay fine of Rs. 500/-. The order was challenged by the present appellant in Criminal Appeal No. 33 of 1998. However, after considering the evidence, the Sessions Court, Gadchiroli, dismissed the appeal and up-held conviction of the Judicial Magistrate First Class. The present revision has been filed against two concurrent judgments.

    3. It is submitted on behalf of the applicant that the Chemical Analyser was not examined. I am of the opinion that Chemical Analyser is not required to be examined in view of the provision under section 293 of Code of Criminal Procedure. It was further submitted that applicant could not cross-examine the police constable, whose evidence is accepted by the lower Court. This also cannot be a ground for challenge because it was for the applicant to have cross-examined the concerned witness and he cannot take advantage of his default. It is also submitted that sentence of six months is excessive taking into account that only 19 bottles (nips) of country liquor possessed by the applicant. I find that offence is said to have taken place on 4-10-1996, it is over six years since the offence is said to have been committed. The quantity of liquor seized is very small and nature of liquor is country liquor. In the overall circumstances, justice will be met if the sentence is reduced to the period of three months and sentence of fine is to be maintained. Accordingly, the conviction is maintained but the impugned judgment and order is modified and the sentence reduced from 6 months to three months, the sentence of fine being retained. The sentence undergone by the applicant will be set off.

    4. Rule is made absolute in the aforesaid terms.

    Order accordingly.
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    Comments

    Ratan v. State Of Maharashtra
    (Jan 8, 2003)