- (1.) This is an appeal by special leave from a judgment of the High Court of Judicature at Bombay reversing the order of acquittal passed in favour of the Appellant by the Court of the Presidency Magistrate 19th Court, Bombay and convicting him of an offence under Section 66(b) of the Bombay Prohibition Act, 1949 and sentencing him to one month's rigorous imprisonment and a fine of Rs. 500/-
(2.) The Appellant who was the Officiating Regional Transport Officer, Bombay Region was on the 29th May 1951 at about 9.30 P. M. proceeding in his jeep car towards the Colaba Bus Stand when he knocked down three persons, Mrs. Savitribai Motwani, her husband and Miss Parvatibai Abhichandani. The police arrested the Appellant and took him to the police station. From the police station he was taken to St. George's Hospital in order to be examined by the doctor for alleged consumption of liquor. The doctor found his breath smelling of alcohol. He however found that the conjunctive were congested, the pupils were semi-dilated and reacting to light. The speech was coherent and he could behave himself and walk along a straight fine. The doctor was therefore of opinion that he did not seem to be under the influence of alcohol though he had taken alcohol in some form or the other.
(3.) The Appellant was put up before the Presidency Magistrate for his trial under two offences, one under Section 338 of the Indian Penal Code on three counts for causing grievous hurt to the three injured persons by doing a rash and negligent act i. e. driving his motor car in a rash and negligent manner and the other under Section 66 (b) of the Bombay Prohibition Act. The Appellant cross-examined the doctor and suggested that (Sic) had taken a medicinal preparation B. G. Phos and also stated in answer to the Magistrate on the 20th December 1951 that he had not consumed any liquor but had taken medical preparation containing a small percentage of alcohol. He also filed a written statement on the 13th March 1952 setting out in detail the whole history of his case. He stated there that owing to his ill health he had been recommended to lake tonics, specially those containing Vitamin B Complex and Phosphates and had regularly taken tonics, such as Wampole's Phospho Lecitin, B. G. Phos, and Huxley's Nerve Vigour. He further stated that on the night in question he had at about 9 or 9.15 P. M. after dinner taken a dose of B. G. Phose and was proceeding in his jeep car for a drive via Cuffee Parade and Marine Drive when the accident took place. He produced his driving licence and registration certificate and a copy of the agenda of the Regional Transport Authority's meeting to be held next day and a carton of B. G. Phos on which it was stated that it contained 17 per cent alcohol according to its formula.;