Additional Sessions Judge Girish Kathpalia, while dismissing the appeal of Delhi resident Sanjeev Dua, said that setting aside the sentence awarded by the trial court and merely imposing a financial penalty on him would do more harm as he would not understand the seriousness of his offence.
"Awarding a financial penalty in such cases would do more harm to the appellant (Dua), who would not understand the seriousness of his offence.
Dua, who had pleaded guilty before the trial court, was sentenced to four days in jail and a fine of Rs 3,600 was also imposed on him for driving a car in an inebriated state on the evening of October 9, 2014.
According to police, the alcohol content in Dua's body was measured by a breath analyser and was found to be 23 times more then the permissible limit.
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Dua's counsel claimed that it was his first offence. Some relatives had come to his house and he consumed liquor. When he had gone out to bring some food, he was caught by the police.
"The punishment prescribed under Motor Vehicles Act in such cases for first offence is imprisonment upto six months while the Magistrate has awarded simple imprisonment for only four days, thereby leaving ample scope for reformation of the appellant," the court observed.