...Prohibition (Medical Examination and Blood Test) Rules, 1959, it is required that the quantity of blood to be collected shall not be less than 5 c.c But the definite rep...386. The point involved in this case is as to whether the amount of blood sent to the Public Analyst was below the minimum prescribed by the Rules. It is true that under Rule 4 of the Bombay...show that the Public Analyst wanted more, even a lesser quantity than specified was a sufficient compliance of the Rules and would not vitiate the conviction. For these reasons, therefore, we find no merit in the appeal which is dis...

...containing blood of the accused to the Chemical Analyser at Junagadh, he drew pointed attention to one breach said to have been committed in respect of Rule 4 of the Bombay Prohibition (Medical ...to the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, hereinafter to be referred to as "the Rules" and...percentage of alcohol and such other particulars. Rules 4 and 5 of the Bombay Prohibition (Medical Examination and Blood Test) Rules,...

...1. The appellant who has been convicted for the offence of being found drunk under Section 66(b) of the Bombay Prohibition Act has challenged the order of conviction and sentence passe...but it does not throw any light on the question as to what formalities were observed by the doctor and as regards the steps taken by him. Rule 4(1) of the Bombay Prohibition (Medical ...as under: (1) The registered medical practitioner shall use a syringe for the collection of the blood of the person produced...

...also referred to and relied upon the provision as contained in Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, ...non-compliance of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959. It appears that the learned First Appella...Prohibition (Medical Examination and Blood Test) Rules, 1959 is not recorded by the learned First Appellate Court. 12. Under the circumstances, the vi...

...reasons for acquittal given by the trial court.6. Now this appeal can be disposed of shortly on the ground that the Rule 4 of the Bombay Prohibition (Medical Examination ...respondent-accused who came to be tried for the offence punishable under Sections 66(1)(b) and 85(1)(3) of the Bombay Prohibition Act, 1949, was at the end of the trial...preservative in the blood. The phial shall be labelled and its cap sealed by means of sealing wax with the official seal or the monogram of the registered medical practitioner.(2) The sample...

...is recorded is non - compliance of the requirements prescribed under rule 4 of the bombay prohibition (medical examination and blood test) rules, 1959 ...morning. (3) Therefore, blood sample was collected from the accused and was sent for medical examination. The public analyst certified that blood cotained alcohol. On completion of...respondent - original accused who was working as police inspector at the relevant time was charged for offences punishable under secs. 66 (l) (b) and 85 (1) (3) of the "bombay - prohibition, act, 1949...

...the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, was not complied with, and therefore the Chemical Analyser's report was not pr...66(1)(b) of the Act was not proved. Rules called 'The Bombay Prohibition (Medical Examination and Blood Test) Rules 1959, provide for...collection and forwarding of blood and the certificate of the test of sample blood. sub-rule (2) of Rule 4 is in these terms: The sample blood collected...

...Prohibition (Medical Examination And Blood Test)Rules 1959 [herein after referred to as the 'Prohibition Rules' for brevity]. The doctor has deposed that the ...the accused of the charge of committing offence under section 85(1)(3) and 66(1)(B) of Bombay Prohibition Act. Short facts leading to filing of this appeal deserves to be set out...) and 66(1)(B) of the Bombay Prohibition Act (herein after referred to as the 'Prohibition Act' for brevity). The Head Constable Jayantilal Vrajlal Khatri, i.e. the accused on 27/1/1995 was found in...

...provision of Rule of the Bombay Prohibition (Medical Examination And Blood Test) Rules 1959 [herein after referred to as the ‘...), Gandhinagar in Criminal Case No. 1624 of 1995 acquitting of the accused of the charge of committing offence under section 85(1)(3) and 66(1)(B) of Bombay Prohibition Act.3. Short facts leading...offence punishable under section 85(1)(3) and 66(1)(B) of the Bombay Prohibition Act (herein after referred to as the ‘Prohibition Act’ for brevity). The Head Constable...

...is said to have collected and forwarded the blood of the accused, has not complied with Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) ...are mandatory. Rule 4 of the said Rules of 1959 provides manner of collection and forwarding of blood. It reads as under:—“4. Manner of collection and...Sections 66(1)(b) and 85(1)(3) of the Bombay Prohibition Act. It was alleged that on August 17, 1987 at about 6.30 p.m the accused was found in the compound of the Police Station in Jambusar in...

...launched against the accused under sections 66(1)(b) and 85(1) of the Bombay Prohibition Act, 1949.3. The teamed trial Court held that there was non-compliance with the mandatory requirements of ...Prohibition Act.4. The learned Counsel for the State has urged before me that rule 4 of the Bombay Prohibition (Medical Examination and Blood Test...Bombay Prohibition Act. According to the prosecution, the respondent-accused went to the Dipali Lodge at, about 6 p.m on 4-9-1984 and rented cot therein entering, his name himself in the Lodge...

...a specific mandate contained in rule 4 of the bombay prohibition medical examination and blood test rules 1959 (the rules) that the cap of the phial in which th...- accused against the order of the learned magistrate convicting him for the offence under sec. 66 (j) (b) of the bombay prohibition act (the act) and sentencing him to r...mr. Patel and in his opinion the accused had consumed liquor though he was not under the influence of the same at the relevant time. The medical officer then collected blood in a phial from the person...

...that the procedure prescribed by rule 4 of the Bombay Prohibition (Medical) Examination and Blood Test) Rules, 1959, (hereinafter referred to as 'the ...offences punishable under Section 85 (1) (3) and 66 (1) (b) of the Bombay Prohibition Act (hereinafter referred to as 'the Act'), before the learned Judicial Magistrate. First...4 in terms interalia, enjoins on the registered medical practitioner, who collects blood for the purpose of examination, to steriliese the syringe by putting it in boiling water before he uses...

...and sentence imposed on the accused under section 66(1)(b) of the Bombay Prohibition Act. It is against this conviction and sentence that the accused has filed this revision application...., Aurangabad, partly allowing the petitioners' appeal and setting aside the conviction and sentence under section 85(1) of the Bombay Prohibition Act, and confirming the convicti...and sentence of the petitioner under section 66(1)(b) of the Bombay Prohibition Act, imposed by the Judicial Magistrate, First Class, Aurangabad.2. It is the...

...accused, has not complied with Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 (‘the said Rules of 1959‘, for short)....Rule 4 of the said Rules of 1959 are mandatory. Rule 4 of the said Rules of 1959 provide manner of collection and forwarding of blood. It reads as under...in Criminal Case No. 888/1996 whereby the accused-respondent hereinabove has been acquitted of the charge of committing offences punishable under Section 66(1)(b) and 85(1)(3) of the Bombay Prohibition...

...breach of procedure prescribed under Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 (hereinafter referred to as "the Rule"), which has...and has also produced Form A and B prescribed as per the Prohibition Act and Rules. While going through the oral as well as ...Magistrate has not committed any error in holding that the Rules of Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 are duly...

...offence punishable under Section 66(1)(b) of the Bombay Prohibition Act. According to Shri Patankar, the Medical Officer concerned had sent the phial in which the blood was collected in c...provisions of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, in Narayan Krishnaji Marulkar v. Stat...under the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 and particularly sub-rule (2)...

...short). The court after recording evidence and appreciating the same came to the conclusion that there was serious lapses noticed on the part of the doctor who collected blood and sent it for examination. After rec...consuming alcohol. As he appeared to be under the influence of alcohol, he was proceeded against for committing offence under section 85(1)(3) and 66(1)B of the Bombay Prohibition Act (‘Prohibition Act’ for...to as the ‘Prohibition Rules’ for brevity), the court came to the conclusion that the accused deserved to be given benefit of doubt, and accordingly accused was acquitted of the charge of...

...serious lapses noticed on the part of the doctor who collected blood and sent it for examination. After recording lack of evidence with regard to lack of complete compliance with provision of Rule 4 (1) of the ...charge of committing offence under section 85 (1) (3) and 66 (1) B of the Bombay Prohibition Act. The case of the prosecution before the Court was that the accused was caught on 5/12/1994 at 23.00...section 85 (1) (3) and 66 (1) B of the Bombay Prohibition Act ( 'Prohibition Act' for short). The court after recording evidence and appreciating the same came to the conclusion that there was...

...under s. 129-A of the Bombay Prohibition Act, in cases in which there has been a breach of the Bombay Prohibition (Medical Examination and ...facts stated in such certificate without examining the medical officer who had collected the blood and even without examining the Chemical Examiner who had examined that blood.5. The manner in which ...examination under sub-s. (1) of s. 129-A of the Act, collected 3 c.c of his blood instead of 5 c.c as required by r. 4 of the rules referred to above. In the other case, Criminal Revision Application No. 749...