GUJARAT HC UPHOLDS CONSTABLE’S CONVICTION: INTOXICATION ON DUTY BREACHES PUBLIC TRUST

GUJARAT HC UPHOLDS CONSTABLE’S CONVICTION: INTOXICATION ON DUTY BREACHES PUBLIC TRUST

The Gujarat High Court in Mahendrasinh Balusinh Raol v. State of Gujarat (decided on October 1, 2025, by Justice R.T. Vachhani) upheld the conviction of a police constable found intoxicated while on duty at Pirana Toll Naka on December 14, 2003. His blood sample showed 0.0945% alcohol content, exceeding the legal limit under Section 66(1)(b) of the Bombay Prohibition Act, 1949. The petitioner argued procedural lapses and delay in forensic analysis, but the Court rejected these contentions, noting compliance with statutory rules and the use of sealed disposable syringes. It held that conviction under Section 66(1)(b) was valid even though the applicant was acquitted under Section 85(1)(3), as both provisions have different ingredients. The Court emphasized that police officers are held to higher standards of discipline and integrity, and intoxication while on duty erodes public trust. The revision was dismissed, and the applicant was directed to surrender to serve his sentence.