KASHINATH DHONDU Vs. STATE OF GUJARAT
LAWS(GJH)-1983-3-15
HIGH COURT OF GUJARAT
Decided on
March 02,1983
KASHINATH DHONDU
Appellant
VERSUS
STATE OF GUJARAT
Respondents
JUDGEMENT
P.D.DESAI,J. -
(1.)By an order dated February 26, 1979, Annexure 'A' is issued by the District Superintendent of Police, Surat City, Surat, the petitioner was appointed as a "regular driver" with effect from March 1, 1979. The order of appointment stated that the petitioner would be paid an allowance of Rs. 50/- per month subject to the condition of furnishing a bond.
(2.)On November 28, 1979 an incident occurred at about 9-45 P.M. in a public garden near the Athwa Lines bus stand in which the petitioner was alleged to have been involved. The said incident resulted in two events. The petitioner was prosecuted in Summary Case No. 7797 of 1980 for certain offences punishable under the Bombay Prohibition Act, 1949 and he was placed under suspension on and with effect from November 29, 1979. Disciplinary proceedings were also initiated against him subsequently.
(3.)So far as the criminal case is concerned, the learned Judicial Magistrate, First Class, Surat, by his judgment and order dated September 10, 1980 found that the petitioner was not guilty of the offences with which he was charged and acquitted him. In the course of his judgment, the learned Judicial Magistrate made the following observations :
"However, looking to the police papers it seems that the police ought not to have charge-sheeted the accused, because the M. O. who examined the accused opined that the accused was neither under the effect of alcohol nor had consumed the same. His pupils were normal, speech was normal and breath was also not smelling of alcohol. The C. A.'s report also shows 0.04% alcohol in his blood.... right at the outset there is no case against the accused ...no witness has appeared today and I do not think it proper to waste time in recording evidence, adjourning the case time and often, particularly when the police papers do not disclose any case against the accused."
The observations extracted above would show that the petitioner was acquitted as it was found that there was no substance whatsoever in the criminal case instituted against him.
(2.)On November 28, 1979 an incident occurred at about 9-45 P.M. in a public garden near the Athwa Lines bus stand in which the petitioner was alleged to have been involved. The said incident resulted in two events. The petitioner was prosecuted in Summary Case No. 7797 of 1980 for certain offences punishable under the Bombay Prohibition Act, 1949 and he was placed under suspension on and with effect from November 29, 1979. Disciplinary proceedings were also initiated against him subsequently.
(3.)So far as the criminal case is concerned, the learned Judicial Magistrate, First Class, Surat, by his judgment and order dated September 10, 1980 found that the petitioner was not guilty of the offences with which he was charged and acquitted him. In the course of his judgment, the learned Judicial Magistrate made the following observations :
"However, looking to the police papers it seems that the police ought not to have charge-sheeted the accused, because the M. O. who examined the accused opined that the accused was neither under the effect of alcohol nor had consumed the same. His pupils were normal, speech was normal and breath was also not smelling of alcohol. The C. A.'s report also shows 0.04% alcohol in his blood.... right at the outset there is no case against the accused ...no witness has appeared today and I do not think it proper to waste time in recording evidence, adjourning the case time and often, particularly when the police papers do not disclose any case against the accused."
The observations extracted above would show that the petitioner was acquitted as it was found that there was no substance whatsoever in the criminal case instituted against him.
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