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Judgment
Jack, J.—The two petitioners in this case have been convicted u/s 34, Act 5 of 1861, and sentenced to pay a fine of Rs. 10 each on the charge that they were drunk and incapable of taking care of themselves, on Onkarmall Jethia Road, at 2-40 a.m. on 30th July 1936. It is pointed out on behalf of the petitioners that there is no finding that they committed any offence to the obstruction, inconvenience, annoyance, risk, danger, damages to the passengers on the road. Such a finding is an essential ingredient of an offence u/s 34. It is not sufficient merely to find (as has been found in this case), that they were drunk and incapable of taking care of themselves. In these circumstances the conviction of and the sentence passed upon the petitioners must be set aside. The rule is accordingly made absolute. The fines, if paid, must be refunded.