New Delhi: A 30-year-old man has been awarded two-day imprisonment by a court here which noted that driving a vehicle in a drunken condition not only endangers the life of the driver but also the life of other road users.
District and Sessions Judge Ravinder Kaur awarded jail term to Delhi resident Jagvinder while modifying a magisterial court order which had awarded him ten days imprisonment.
Jagvinder had approached the sessions court against the magisterial court's order arguing that the sentence imposed upon him was too harsh and he should be acquitted.
He told the sessions court that he was the first time offender, had clean antecedents and he was the sole bread earner of the family comprising old ailing parents, wife and two children.
While seeking leniency, Jagvinder submitted that in case he was sent to the judicial custody, his family members would suffer irreparable loss, financial hardship and his whole life would be spoiled and it would be stigma on him.
The prosecution, however, highlighted the Breath Alcohol Analysis Report and said that he did not deserve any leniency.
"From record, it is apparent that appellant (Jagvinder) was heavily drunk as alcohol content as per analysis report of the appellant were found to be 877.3 mg per 100 ml which is extremely higher than permissible limit i.E. 30 mg per 100 ml.
"It is a known fact that driving a vehicle in drunken condition not only endangers the life of the driver but also the life of other road users," the court said.
However, after noting that the appellant was remorseful of his act, the court modified the sentence and reduced it to two day of simple imprisonment.
According to the prosecution, Jagvinder had been challaned for driving a car in a drunken state, on October 16. He was also found driving the car in zig-zag manner, without valid driving licence, RC, Insurance Certificate and PUCC of the vehicle and also violated 'one way' rule of the traffic, the prosecution said.
However, he was convicted after he pleaded guilty and was sentenced to simple imprisonment for 10 days under the various sections of the Motor Vehicle Act.
The legislature has envisaged that even the first time offender for such offence can be punished with sentence upto six months and with fine.