A Delhi court has quashed sentence of one month simple imprisonment to a man in a drunk driving case, stating that he was not a previous convict.
A Metropolitan Magistrate court had held Pankaj Sehgal guilty of driving his car in an inebriated condition last month. The Magistrate noted in the judgment that the amount of alcohol in his blood was much higher than the permissible limit.
He had moved an appeal against the court order. However, when Additional Sessions Judge Narinder Kumar took up his appeal for hearing, his counsel urged the court to release him on probation, submitting that he was not a previous convict.
Allowing his plea, the Judge said: “It is true that the accused-appellant was found drunk while driving, but taking into consideration that appellant is not a previous convict, court finds that he deserves an opportunity to reform himself, instead of being sent to jail again to undergo any further substantive sentence of imprisonment for the offence under Section 185 of Motor Vehicles Act,as awarded by the trial court, as it would serve as an eye opener.”
“Accordingly, the appellant is ordered to be released on probation of good conduct, for a period of one year, on his furnishing personal bond and one surety bond in the sum of ₹25,000, under Section 4 (i) of Probation of Offenders Act,” the Judge said.