...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 Prohibition (Medical Examination and Blood Test) Rules, 1959, it...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 dismissed....is required that the quantity of blood to be collected shall not be less than 5 c.c But the definite report of the Public Analyst in this case is that for...

...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 Examination and Blood Test) Rules, 1959. The...to the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, hereinafter to be referred to as "the Rules" and find out as to whether the requirements...percentage of alcohol and such other particulars. Rules 4 and 5 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, which lay down the manner of collection...

...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 passed by the learned City Magistrate, 7th Court, Ahmedabad on April 11, 1968 on the ground that the prosecution has failed to establish that the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, hereinafter...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 Examination and Blood Test) Rules, 1959 enjoins...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, 1959 and submitted that in the...non-compliance of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959. It appears that the learned First Appellate Court while dealing with...Prohibition (Medical Examination and Blood Test) Rules, 1959 is not recorded by the learned First Appellate Court. 12. Under the circumstances, the view taken by the learned...

...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 and Blood Test) Rules, 1959, which...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 ('the rules' for short...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 proper, and hence the offence under Section...66(1)(b) of the Act was not proved. Rules called 'The Bombay Prohibition (Medical Examination and Blood Test) Rules 1959, provide for medical examination, the manner of...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 in the...

...Prohibition (Medical Examination And Blood Test)Rules 1959 [herein after referred to as the 'Prohibition Rules' for brevity]. The doctor has deposed that the phial was brought to him containing...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 ‘Prohibition Rules’ for brevity]. The doctor...), 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) Rules, 1959 (“the said Rules of 1959”, for...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 rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959. According...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) Rules, 1959 (for...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 the blood is collected shall be sealed by...- 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...

...prosecution has failed to comply with the provisions of Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, in view of the fact that the report that was produced vide Exhibit-19, clearly...complied with the provisions of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, and the same has given effect as a result of the test has to be considered doubtful.... 8.3. Moreover, the procedure followed by the medical officers to take the blood sample are also not as per the provisions of Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959. In...

...that the procedure prescribed by rule 4 of the Bombay Prohibition (Medical) Examination and Blood Test) Rules, 1959, (hereinafter referred to as 'the Rules'), was followed. Rule...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.8. Sub-rule (2) of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules 1959 reads..., 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 conviction...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). Referring to the deposition of PW-4, the Trial Judge...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 to be followed by the registered...and has also produced Form A and B prescribed as per the Prohibition Act and Rules. While going through the oral as well as documentary evidence of said Medical Officer, in the light of the cross- examination, it can be said that the Rule 4 of Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 has...Magistrate has not committed any error in holding that the Rules of Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 are duly complied with including the Rule 4 of...

...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 contravention, of the mandatory provisions of sub-rule (2) of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 and...provisions of Rule 4 of the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959, in Narayan Krishnaji Marulkar v. State of Maharashtra...under the Bombay Prohibition (Medical Examination and Blood Test) Rules, 1959 and particularly sub-rule (2) of R. 4, which reads as under...

...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 recording lack of evidence with regard to lack of complete compliance with provision of Rule 4(1) of the Bombay Prohibition (Medical Examination And Blood Test) Rules 1959 (hereinafter...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 Bombay Prohibition (Medical Examination And Blood Test) Rules 1959 (hereinafter...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...