Delhi District Court
Prem Chand S/O Sh. Mool Chand vs State Of Nct Of Delhi on 10 October, 2018
IN THE COURT OF SURESH KUMAR GUPTA
ADDITIONAL SESSIONS JUDGE04
& SPECIAL JUDGE (NDPS) SOUTH EAST: SAKET
COURTS: NEW DELHI
CR No. 718 of 2018
Prem Chand S/o Sh. Mool Chand
R/o H. Block 64, Shiv Durga Vihar
Lakkarpur, Faridabad, Haryana .....Appellant.
Versus
State of NCT of Delhi ......Respondent
Instituted on :.06.10.2018
Argued on : 08.10.2018
Decided on : 10.10.2018
JUDGMENT:
1 The appellant has impugned the order dated 25.09.2018 vide which he has been convicted u/s 185, 3/181 and 66(1)/192 MV Act and admonished for the offence u/s 3/181and 66(1)/192 MV Act but sentenced to undergo SI for three months for the offence u/s 185 MV Act.
2 The appeal is filed on the grounds that order in Prem Chand v. State - CR No. 718 of 2018 1 of 5 question has been passed against the principle of nature justice. The extreme punishment is inflicted u/s 185 MV Act. The revisionist is driver by profession who is sole bread earner of his family. A wrong interpretation of plead guilty has been done by Ld. Trial Court. Hence, this revision.
3 The notice of the revision is given to the State. 4 The facts of the case are like this. On 23.5.2018 at 11.07 pm at Badarpur Border, Mathura Road revisionist was driving Eicher Canter bearing No. HR38Q1591. He was intercepted by the traffic police officials. He was driving the vehicle under the influence of liquor. He has failed to produce the driving licence to drive the vehicle. The breath analysis test was conducted. He has consumed 251mg/100ml of alcohol against the permissible limit of 30mg/100ml. He was challaned. 5 He has put his appearance in the court. NOA u/s 251 Prem Chand v. State - CR No. 718 of 2018 2 of 5 CrPC for offence u/s 3/181/185/66(1)/192 MV Act was framed to which he pleaded not guilty and contested the case. The prosecution has examined one witness. The revisionist has pleaded guilty and accordingly he was convicted and sentenced by making separate entry No. 33 dated 25.9.2018 in the STR. 6 Ld. Counsel for the revisionist submitted that his revision is only confined to the quantum of sentence passed by ld. Trial Court. He further submitted that Ld. Trial Court has passed the sentence on higher side without giving any reasons for taking such a view. He further submitted that revisionist is 45 years old who is the sole bread earner of his family. He further submitted that a lenient view be taken in favour of the revisionist. 7 Ld. Addl. PP for the State submitted that Ld. Trial Court has rightly passed the sentence as persons driving the vehicles under the influence of liquor puts the lives of other persons on the road in danger.
Prem Chand v. State - CR No. 718 of 2018 3 of 5 8 Heard and perused the record.
9 The entry No. 33 dated 25.9.2018 recorded in summary trial register (STR) is perused. It shows that SI for 3 months has been awarded without showing the offence for which sentence has been awarded whereas order sheet dated 25.9.2018 recorded in the judicial file shows that revisionist has been admonished for the offence u/s 3/181 and 66(1)/192 MV Act. The revisionist is sentenced to undergo SI for 3 months u/s 185 MV Act.
10 Ld. Trial Court has not given any findings in the STR whether revisionist is convicted for one offence or for all the offences. The Ld. Trial Court has not given any reason for awarding the sentence of 3 months u/s185 MV Act. 11 The revision is only qua the point of sentence u/s 185 MV Act. The revisionist has been undergoing sentence since the day of passing of the order i.e. 25.9.2018. He is middle aged Prem Chand v. State - CR No. 718 of 2018 4 of 5 person who has large family to support. He has undergone sufficient punishment for the offence committed by him. The interest of justice shall be met if sentence is modified. Hence, the revisionist is sentenced to undergo imprisonment for the period already undergone by him in this case.
12 He be released, if not required, in any other case. 13 The revision stands disposed off.
14 Copy of this order be sent to Supdt. Jail, Tihar, New Delhi for compliance.
15 TCR and STR alongwith copy of the order be sent to the Ld. Trial Court.
16 Revision file be consigned to record room. announced in the open court on 10th October, 2018 (SURESH KUMAR GUPTA) Addl. Sessions Judge04 & Spl. Judge (NDPS) South East, Saket Courts,New Delhi Prem Chand v. State - CR No. 718 of 2018 5 of 5