Suppose you are found drunk in a Rave Party. Police has taken blood sample. Alcohol is found in your blood more than in permissible limit.
Now, What can you do?
(This is not legal advice. Don't do this. Ask your Lawyer)
At the end of Trial, the Judge will ask you, "Now, Mr. Accused, what have you to say? Alcohol is found in your blood. Tell me why I should not send you in jail for six months for violation of Bombay prohibition Act? " He will ask this question before convicting you, because he is required to ask as per requirement of Sec.313
You need to say very politely," Sir, there was heavy stomach pain. I went to a medical store. He gave me a bottle of Jeevan Mixture Medicine. By mistake, I drank the whole bottle since pain was unbearable. This medicine contains, 47% Alcohol. Therefore, in blood sample alcohol is found!"
The Judges have acquitted hundreds of person before my eyes, on this ground, in Gujarat, in Junagadh, in 1982, when I had just become an advocate.
After some years, Gujarat High Court noticed this legal game and said,"You cannot just walk out from court by saying that you drank Jeevan Mixture. You need to go in witness box and actually prove that your defence is reliable."
Haresh Raichura
24th May, 2102
