A Gandhinagar Sessions Court, in an order dated November 24, granted redress to a 48-year-old man who was sentenced to six months rigorous imprisonment in 2018 by a high court for consumption of alcohol, punishable under the Prohibition Act of Gujarat.
Amit Maheta, a resident of Mansa Taluka, was found drunk at the Alkapuri Society in Gandhinagar in 2015. A complaint was filed and in 2018 a Mansa District Court sentenced the man to six months’ imprisonment. rigorously, finding him guilty of a punishable offense. under section 66 (1) (b) of the Gujarat Prohibition Act. The conviction and sentence were challenged in the Gandhinagar Sessions Court.
During the appeal before the Senior Hearing Judge, Nipa Raval, it was taken into account that a medical test had shown the presence of 0.0605 gram percent (weight by volume) of ethyl alcohol in the blood, and if the percentage of alcohol exceeds 0.05 grams, it is considered an offense under the Prohibition Act. Confirming the conviction by the district court as valid in the light of the evidence produced before the court, the court judge nevertheless considered that “taking into account the age of the accused and his state of health and other criteria for sentencing him, this tribunal must ensure that the penology is properly examined when the accused is convicted.
Noting that the accused does not have a criminal record, the Gandhinagar courtroom observed that six months of rigorous imprisonment “is quite high” and instead ruled that 15 days of rigorous imprisonment would be one. reasonable sentence.
“In view of the facts and circumstances of the case and the status of the accused, 15 days of rigorous imprisonment are considered reasonable and just to punish the accused for consumption of alcohol …”, declared the judge audience while reducing the penalty.