Punishment awarded in the case of ‘drunken driving’ under Section 185 MV Act for repeated offence, upheld: Hyderabad HC

Hyderabad High Court: A Single Judge Bench comprising of P.Keshava Rao J., decided in a criminal revision case that drunken driving is a menace for the society for which the punishment awarded to the drunken driver should act as a deterrent.

In the present case, the petitioner was subjected to alcohol test with the breath analyzer in which it was found that in accordance to Section 185 of the Motor Vehicles Act, 1988 the BAC levels exceeded than the permissible limit mentioned in the said provision of the MV Act. The petitioner was further asked for certain documents and was made liable to punishment under Sections 130 and 177 of the MV Act. The petitioner on being examined under Section 251 CrPC admitted his guilt and was convicted under Section 252 CrPC.

The petitioner requested the learned Magistrate to take a lenient view of his case as he was the only earning member of the family, for which the punishment awarded to the petitioner was 10 days sentence and Rs 3000 fine along with Rs 100 fine for the offence under Sections 130 and 177 of the MV Act. On being aggrieved from the lower courts, the petitioner filed the present revision petition.

On observing the facts and circumstances of the case, and weighing the evidence and probabilities, the High Court taking a view by pointing out the untoward incident that might have taken place in the present case  concluded that no lenient view can be taken as the petitioner was guilty of the same offence twice in two years which makes the offence graver. Therefore, on finding no merit in the criminal revision it stands to be dismissed. [D. Chandra Sekhar v. State of Telangana,2018 SCC OnLine Hyd 168, dated 03-07-2018]

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