STATMENT OF JURISDICTION

The Hon’ble Court has jurisdiction to try the instant matter under Section 177 Read with schedule 1 of the Code Of
Criminal Procedure,1973

Section 1771:

‘177.Ordinary place of inquiry and trial.—

Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Read with Schedule 1 Part II.-

‘Schedule 1 Part II.—Classification Of Offences Against Other Laws

It provides that offence is punishable with imprisonment for less than 3 years or with fine only it shall be triable by any
magistrate.
It is most respectfully submitted before the Hon’ble court that the said case should be admitted before this Hon’ble Court
as the instant case falls under the local jurisdiction of Judicial magistrate first class. Thus in absence of compelling
circumstances so as to reject the maintainability of this case, it should be admitted before the Hon’ble court under the
Code of Criminal procedure,1973.

1
code of Criminal procedure,1973

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 STATEMENT OF FACTS

The Chain Of Facts Is As Follows:

1. That on 10 10 2018 I.O. Malkit Singh was posted at city traffic police Ludhiana.
2. Thaton that day he along with the police party was present at samrala chownk ludhiana in connection with drunken
drive duty during checking one car bearing registeration no. coming from the side of chandigarh.
3. That on suspicion of being drunken the driver was stopped by said I.O.
4. That on interrogation the driver of the said vehicle told his name as Darshan Singh
5. That there after said darshan singh was asked to get himself checked by way of alcometer
6. That on checking he was found to have drunk liquor to the extent of 47mg/100ml
7. That the accused was arrested vide arrest memo
8. That the vehicle no. was taken into possesion vide recovery memo
9. That he also conducted personal search on the person of the accused and prepared personal search memo.
10. That intimation regarding the said offence was sent to the concerned police station for registration of case.
11. That on the basis of above DDR was registered at police station samrala chownk.
12. That I.O also recorded the statement of witnesses On completion of investigation and challan was submitted in this
Hon'ble court.

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 STATEMENT OF CHARGES
CHARGE 1
Darshan singh has been charged under section 185 of Motor Vehicles Act 1988 for the offence of Driving by a
drunken person or by a person under the influence of drugs.

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 POINTS TO BE DETERMINED
I. WHETHER THE ACCUSED IS GUILTY OF DRIVING IN DRUNKEN STATE OR UNDER THE
INFLUENCE OF DRUGS?

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 ARGUMENTS ADVANCED

WHETHER DARSHAN SINGH IS GUILTY OF DRIVING IN DRUNKEN STATE OR UNDER THE

INFLUENCE OF DRUGS?
It is humbly submitted that Darshan Singh (hereinafter referred to as the ‘accused’ is guilty of offence under section 185 . It is to be
noted that essentials of section 1852 are as follows:
The person while driving, or attempting to drive, a motor vehicle, has, in his blood, alcohol exceeding 30 mg. per 100 ml. of
blood detected in a test by a breath analyser, or
The person while driving, or attempting to drive, a motor vehicle,is under this influence of a drug to such an extent as to be
incapable of exercising proper control over the vehicle.
It is most respectfully submitted that-
A. Accused was driving the vehicle when he was stopped by investigation officer.
B. The investigation officer was posted at city traffic Ludhiana in connection drunken drive duty and hence authroised under section
203 to conduct a breath test. it is important to mention here that section 203 provides that:-
A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that
Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or
more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to
suspect him of having committed an offence under section 185:
Provided that requirement for breath test shall be made (unless, it is made) as soon as reasonably practicable after the
commission of such offence.
so, as per the powers given under section 203 breath test was conducted by the officer by using an alcometer
C.The accused was found intoxicated on administration of breath test to the extent of 47mg/100ml. It is submitted that this
is much higher than the permitted alcohol limit which is 30mg/100ml under section 185 of motor vehicle act
D. So, Due to the above said the police officer rightfully arrested the accused under section 202 of motor vehicles which
provides that A police officer in uniform may arrest without warrant any person who in his presence commits an offence
punishable under section 184 or section 185 or section 197.
E. The case property, that is, the vehicle driven by the accused bearing registration number PB-10-4C-3647 along with its
RC is also in police possession3

2
Motors vehicle act,1988
3
Section 102 Crpc Power of police officer to seize certain property.—(1) Any police officer may seize any property which may be alleged or sus-
pected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.

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 PRAYER
Wherefore, in light of the points raised and arguments advanced, Prosecution has proved its case beyond reasonable
doubt, so, may this Hon‘ble Court be pleased to:
1. Convict Darshan Singh for the offence driving in the drunken state under Sections 185 of the Motor Vehicles
Act,1988.

2. Award maximum imprisonment and fine as provided by the law.

AND/OR
Pass any other order it may deem fit, in the interest of Justice, Equity and Good Conscience.

All of which is most humbly and respectfully submitted

Place: Ludhiana S/d_____________

Date: 12 NOV, 2018 PUBLIC PROSECUTOR

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