Delhi District Court
Shankar Lal S/O Sh.Prabhati Lal vs The State (Nct Of Delhi) on 23 December, 2014
IN THE COURT OF SH.SURESH CHAND RAJAN
ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE(NDPS)
DWARKA COURTS, NEW DELHI
Crl. Appeal No.42/14
Shankar Lal s/o Sh.Prabhati Lal
R/o Post Chala, Tehsil Neema ka Thana
District Sikar
Rajasthan
.......... Appellant
Versus
The State (NCT of Delhi) ........... Respondent
ORDER
The present criminal appeal u/s 375 Cr.PC. has been directed against Order dated 16.09.2014 passed by Sh Santosh Kumar Singh, Ld. MM while disposing of challan no.110701844 14 against vehicle no. HR55J2919 thereby convicting the accused/appellant u/s 185, 66.1/192A, 104/177 MV Act, and sentenced him to suffer SI for 20 days and to pay fine of Rs.2000/ u/s 185 MV Act and fine of Rs.5000/ u/s 66.6/192A, Rs.100 u/s 104/177 MV Act and in default of payment of fine to further undergo SI for 10 days.
Shankar Lal Vs. The State (NCT of Delhi) CA NO. 42/14 Page No.1 of 5
2. Briefly stated the facts of the case for giving rise to this present appeal are that the appellant/convict was challaned vide challan no. 11070184414 on the allegation that on 15.09.2014 at Ring Road, Pokad Market, the appellant was found driving vehicle no.HR 55J 2919 in drunken condition. The content of the alcohol was tested through breath alcohol analyser instrument and it was found to be 254.6 mg/100 ml. The appellant was challaned and he was directed to appear before the Ld. Trial Court. On 16.09.2014 the appellant appeared before Ld. Trial court and he voluntarily pleaded his guilt. Therefore, Ld. MM convicted him. After considering the facts of the case, Ld. MM sentenced the appellant as above. The appellant paid the fine before the Ld. Trial court. Thereafter, on an application moved on behalf of the appellant, the sentence was suspended till filing the appeal. Feeling aggrieved by the said order of sentence, the appellant has preferred this present appeal for setting aside the said order on sentence.
3. The present criminal appeal was received by this court on 16.10.2014. After hearing the arguments, the sentence of appellant was suspended & he was admitted to bail. The trial court record was summoned and received and thereafter I have heard the arguments from the Ld. Counsel for the appellant as well as Ld. Addl.PP for the State.
Shankar Lal Vs. The State (NCT of Delhi) CA NO. 42/14 Page No.2 of 5
4. During the course of arguments, Ld. Counsel for the appellant has argued that the conviction is bad in law. The sentence granted by the Ld. MM is too execessive, exorbitant harsh and severe. It is submitted that the breath analysis test was conducted by inexpert person and that he was not taken to any government hospital. It is submitted that the appellant has pleaded his guilt in normal course of proceedings without knowing his right of trial. Ld. MM has ignored the requirement of sec.252 Cr.PC and he relied upon case law Bharat Teli & Ors. Vs. State of Meghalya & Anr., 1982 Legal Eagle 325. It is submitted that the appellant is 40 years of age. He belongs to respectable family and company of hardcore criminal may spoil his life. Ld. Counsel has submitted that if the appellant is sent behind bar, irreparable loss would be caused to him as he has wife and two school going children alongwith old aged parents. He is driver by profession and is sole bread earner in his family. It is stated that this the first offence of the appellant and that he may kindly be given the benefit of probation. It has been stated that the order passed by the Ld. Trial Court may kindly be set aside.
5. Ld. APP for the State has argued that the Ld. Trial court has passed the order after going through the provision of Law and application of judicious mind. There is no illegality or infirmity in Shankar Lal Vs. The State (NCT of Delhi) CA NO. 42/14 Page No.3 of 5 the order passed by the Ld. Trial court.
6. In consideration of the submissions made by Ld. Addl.PP for the State as well as Ld. Counsel for the appellant, I have also perused the record and relevant provision of Law. The appellant has pleaded guilt in this case. The fine imposed i.e. Rs.7100/ has been deposited before the Ld. Trial Court. The appellant has prayed for setting aside the order for suffering SI for 20 days.
7. In view of the above, I have also perused the file. On perusal of the challan and order passed by the Ld. MM, it is revealed that the appellant was found driving a Commercial Transport Vehicle i.e. HTV Truck in drunken state at 11.20 p.m. The contents of alcohol in blood was as high as 254.4 mg/100 ml. Driving under the influence of liquor cause danger to the life and safety of road users as well as convict himself.
8. Keeping in view the facts & circumstances of the case and gravity of offence which though increased manifold considering vehicle being driven was commercial, I am of the view that it would meet the ends of justice, if the sentence awarded to appellant is reduced. I, therefore reduce the sentence awarded to appellant and now the appellant shall suffer SI for Ten Days for the commission of Shankar Lal Vs. The State (NCT of Delhi) CA NO. 42/14 Page No.4 of 5 offence punishable u/s 185 MV Act. Accused/appellant is on bail. His BB/SB are cancelled and he be taken into custody to serve the sentence.
9. With these observations, the sentence awarded to the appellant by the Ld. Trial court stand modified. The appeal also stands disposed off accordingly.
10. The trial court file be sent back with the copy of this order for information and appeal file be consigned to record room. Announced in the Open Court on 23.12.2014 (SURESH CHAND RAJAN) ADDL.SESSIONS JUDGE/ SPECIAL JUDGE(NDPS) NEW DELHI Shankar Lal Vs. The State (NCT of Delhi) CA NO. 42/14 Page No.5 of 5