Drunkard Driver A Menace On Overcrowded Delhi Roads, Cases Of Drunken Driving Should Be Dealt With Stern Hands For Flashing Proper Message In Society: Court

Observing that drunkard drivers are a menace on overcrowded Delhi roads, a city Court has said that cases of drunken driving should be dealt with stern hands for flashing proper message in the society.

Additional Sessions Judge Sushil Anuj Tyagi of the Dwarka Courts was dealing with an appeal filed by a man challenging an order whereby he was convicted and sentenced to undergo simple imprisonment for 4 days and fine of Rs. 11,000 under sec. 185 and section 194B of the Motor Vehicles Act.

Taking a lenient view of the matter, the Court modified the sentence of 4 days simple imprisonment to the sentence of imprisonment till the rising of the Court.

"It is true that drunkard driver is a menace on the over crowded roads of Delhi. The driver of motor vehicles are expected to be alert to the emergent contingencies which may arise on the road and he cannot be expected to lower his guard of reflexes," the Court said.

It added:

"The consumption of alcohol impacts the senses of a person which results in delayed responses and reflexes which results in serious and fatal accident. Thus, it is rightly said that the drunken driver is injurious to his own life as well as to the life of innocent road users. There has to be a zero tolerance for drunken driving and such cases should be dealt with stern hands for flashing proper message in the society."

The Court took note of the fact that the appellant had voluntarily pleaded guilty to the offences and on his plea of guilt, he was convicted.

"As far as the quantum of sentence is concerned, the Ld. Trial Court after considering the facts that the level of alcohol found in the blood of the convict was 179 mg/100 ml and that drunkard driver are potential danger to the society and also the fact that India accounts for the highest number of deaths in road accident cases and driving vehicle in drunken state accounts for the majority of the said accidents, the Ld. Trial Court observed that the convict do not deserve any leniency and accordingly, the sentence was passed upon the accused/appellant," the Court noted.

The Court was of the view that it cannot be oblivious of the fact that the appellant was a first time offender, was not a previous convict, had clean past antecedents and was the sole bread earner of his family which was dependent upon him for their survival.

"Accused/appellant has also expressed remorse for his conduct and he undertakes that he will not repeat such act in future. Accused/appellant has also deposited the fine imposed upon him by the Ld. Trial Court," the Court said.

Considering the aggravating and mitigating circumstances, the Court was of the opinion that the appellant deserved one chance for improving himself.

Modifying the sentence, the Court disposed of the appeal.

Title: Ishan Gaur Vs. State

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