New Delhi: A 10-day jail term for an auto driver for driving the vehicle in an inebriated condition has been upheld by a Delhi court on the grounds that he was risking the lives of passengers and other road users along with him.
Special Judge Harish Dudani said convict Sanjeev Sahni was heavily intoxicated and his conduct called for inflicting deterrent punishment.
"It is noted that the appellant was heavily intoxicated and by driving the vehicle in this condition, he was not only risking his life but was risking life of passengers who were travelling in his vehicle and also of the other road users and his conduct called for inflicting of deterrent punishment," the court said.
The court dismissed Sahni's appeal challenging magisterial court's judgement awarding 10 days imprisonment to him and a fine of Rs 5,500.
It said the magistrate has already exhibited sensitivity while sentencing the convict for offences under the Motor Vehicle Act and added there was no ground to interfere in the sentence.
On March 2 this year, Delhi resident Sahni was driving the auto-rickshaw and on being stopped by traffic policemen on Africa Avenue Marg in south Delhi, he was found smelling of alcohol.
He was subjected to alcohol analysis test and alcohol content found in his blood was five times in excess of the permissible limit. He could not produce his driving licence and was challaned for the offences.
He pleaded guilty to the offences before the magistrate and was sentenced to 10 days imprisonment.
Sahni said in his appeal that he has pleaded guilty under the impression that maximum fine would be imposed on him. He pleaded that he was married and has to support his family and his life would be spoilt if he is sent to jail.
The sessions court, however, said he was also risking the life of passengers who boarded his TSR on the faith that he would be holding a valid driving licence and ensure safe journey for them.
