K.P. Balachandran, J.

1. The petitioner is the accused in S. T. 2581 of 2002 on the file of the Judicial First Class Magistrate's Court-I, Aluva taken cognizance of for offence under S.185 of the Motor Vehicles Act.

2. It is the case of the prosecution that the accused was found riding motor cycle No. KL-7/J-5257 from north to south along the road from Kakkanad to Pattupura junction at about 8.50 p.m. on 18/01/2002 after having consumed alcohol and thereby committed offence under S.185 of the Motor Vehicles Act. The report of the Sub Inspector registering the crime suo motu seen from Annexure I as also the attested copy of the vehicle mahazar dated 18/01/2002 submitted before me for perusal by the counsel for the petitioner shows that the petitioner had not been subjected to breath test using a breath analyser in compliance with S.185 of the Motor Vehicles Act but that the petitioner was being arrested on the belief of the detecting officer that the petitioner has consumed alcohol. Annexure A1 first information report shows that the crime was being registered after obtaining medical report. As per S.203 of the Motor Vehicles Act what is required to be conducted is breath test an