Kerala - Kochi   

High Court faults police on breath analyser test

Kochi: The Kerala High Court on Saturday observed that necessary instructions must be given to the police to properly conduct the breath analyser test and record the statutory requirement in the file so as to enable a court of law to understand whether it had been done properly or not.

Justice M.N. Krishnan made the observation while quashing an offence of drunken driving registered under Section 185 of the Motor Vehicles Act against Shajan George of Kakkanad. The court made the observation in view of the failure of the prosecution to produce any particulars regarding the alcohol content in the blood in the case except a statement that the person had consumed alcohol. The court noted that a perusal of Section 185 would show that in order to attract the legal provision, a person who drives a vehicle should have, in his blood, alcohol exceeding 30 mg per 100 ml of blood in a test done using a breath analyser.

Unless the mandate of Section 185 was statutorily complied with, no action under this section could be taken.

However, the court said that the charge under Section 279 of the Indian Penal Code (rash driving) would stand.

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