Delhi District Court
Anubhav Singh vs The State on 14 August, 2018
IN THE COURT OF SURESH KUMAR GUPTA
ADDITIONAL SESSIONS JUDGE04
& SPECIAL JUDGE (NDPS) SOUTH EAST: SAKET
COURTS: NEW DELHI
CA No. 120 of 2018
Anubhav Singh
S/o Sh. Naresh Chandra
R/o F64/2, Flat No. 37,
Sector40, Noida, UP .....Appellant.
Versus
The State
( Govt. of NCT of Delhi) ......Respondent
Instituted on :.14.03.2018
Argued on : 07.08.2018
Decided on : 14.08.2018
JUDGMENT:
1 The appellant has impugned the order dated 08.03.2018 vide which he has been convicted u/s 129/177, 32/177, 146/196, 185 & 115/190 (2) MV Act and sentenced to Anubhav Singh Vs. State - CA No. 120 of 2018 1 of 5 undergo SI for 15 days and to pay fine of Rs.2,200/. He is let off after due admonition (as owner) for the offence u/s 146/196, 32/177 & 115/190 (2) MV Act.
2 The appeal is filed on the grounds that alcohmeter is subject to Calibration Report whereby any instrument gets independent lab certificate for its proper functioning. The calibration report is not furnished by the prosecution. He was not got medically examined by the police officials as he has refused to sign the challan. There is no public witness. 3 He has not pleaded guilty and contested the case. His photograph was not taken from the machine at the time of the alleged test. The requirements of Section 185 MV Act were not complied with. The breath analysis report is unreliable. Section 203 MV Act are not complied with. The Principles of natural justice are not complied. Hence, this appeal. 4 Notice of the appeal is given to the prosecution. Anubhav Singh Vs. State - CA No. 120 of 2018 2 of 5 5 The facts of the case are like this. On 14.08.2017 at 12:31 pm from Kalandi Kunj Border to Apollo at Road No. 13A, BTW, Red Light appellant was riding the scooty bearing No. UP 14AR0014 which was stopped by traffic police officials. The appellant was driving the scooty without any helmet. The appellant has failed to produce the RC. The breath analysis test was conducted with the help of alchometer. 158 mg/ 100 ml of alcohol was found in the blood through alchometer. He was challaned.
6 The appellant has put his appearance in the Court. The appellant has allegedly committed offence u/s 32/177, 129/177, 146/196, 115/190 (2) and 185 MV Act. The entry was made at Sl. No. 30 of Summary Trial Register (STR). He was convicted and sentenced to undergo SI for 15 days with fine of Rs.2,200/.
7 Heard and perused the record.
Anubhav Singh Vs. State - CA No. 120 of 2018 3 of 5 8 The entry No. 30 dated 8.3.2018 recorded in summary trial register (STR) is perused. The signature of the appellant is taken in the column of name of the complainant. The plea of the appellant has not been recorded in the column. Ld. Trial Court has not recorded whether oral notice of accusation has been explained to him in vernacular or not. Ld. Trial Court did not record what is the plea of the appellant. Ld. Trial has not returned the findings that appellant has been held guilty and convicted under which of the section for which he has been sent up to stand the trial. Ld. Trial Court has not recorded that appellant has been specifically sentenced to undergo imprisonment and fine under which section of M V Act. 9 The perusal of the STR corroborates the plea of the appellant that he has not pleaded guilty. Ld. Trial Court has not followed the required procedure as prescribed for the trial of summons cases. All these facts show that appellant has been Anubhav Singh Vs. State - CA No. 120 of 2018 4 of 5 convicted and sentenced without recording his plea of guilt. Such order is not passed in conformity with the procedure of law.. 10 This court could have remanded back the case but same is not remanded back as appellant has remained in custody for 7 days after the passing of order by Ld. Trial Court. 11 I find infirmity in the impugned order dated 8.3.2018 passed by the Ld. Trial Court. The said order is set aside. The appellant is acquitted of the offence charged. 12 TCR and STR alongwith copy of judgment be sent to the Ld. Trial Court.
13 Appeal file be consigned to record room. announced in the open court on 14th August, 2018 (SURESH KUMAR GUPTA) Addl. Sessions Judge04 & Spl. Judge (NDPS) South East, Saket Courts,New Delhi Anubhav Singh Vs. State - CA No. 120 of 2018 5 of 5