( 1 ) ). . . . . . . . . . . . . . . . .

( 2 ) ACCORDING to the chemical analyser concentration of the alcohol in the blood of the accused-respondent was more than 0. 05% w/v. Under these circumstances in view of the provisions of sub-sec. (2) of sec. 66 of the Act a clear presumption arises that he had consumed alcohol in contravention of the provisions of sec. 66 of the Act. The learned Magistrate however did not draw the presumption to the above effect on the ground that according to him the medical officer had contravened the provisions of Sub-rule (2) of Rule 4 of the Rules which reads as under : the sample blood collected in the phial in the manner stated in sub-rule (1) shall be forwarded for test to the Testing Officer either by post or with a special messenger so as to reach him within seven days from the date of its collection. It shall be accompanied by a forwarding letter in form B which shall bear a fascimile of the seal or monogram used for sealing the phial of the sample blood. It is found from the evidence on record and it is not disputed that the blood was collected on 26. 10. 1973 and it was received by the chemical analyser on 2. 11. 1973. On the ba