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BECHU KURIAN THOMAS
JAIKRISHNAN P. JYOTHIS NADUVILE VEEDU – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
1. Petitioner challenges the criminal proceedings initiated against him.
2. Petitioner is the accused in S.T. No. 2598 of 2023 on the files of the Judicial First Class Magistrate's Court, Kakkanad, arising out of Crime No. 1539 of 2023 of Thrikkakara Police Station, Ernakulam.
3. The prosecution alleges that on 25.08.2023, the accused was found driving a motorcycle bearing Registration No. KL-40-R-3267 under the influence of alcohol in a rash and negligent manner and likely to endanger human life through the Kakkanadu-Pallikkara road, Ernakulam and thereby committed the offences under Section 279 of the Indian Penal Code, 1860 and Section 185 of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’).
4. I have heard Sri. C.S. Manu, the learned counsel for the petitioner as well as Sri. Noushad K.A. the learned Public Prosecutor.
5. For the offence under Section 185 of the M.V. Act to be attracted, the basic requirement is that the accused must have in his blood, alcohol exceeding 30 mg. per 100 ml of blood detected in a test by a breath analyser or in any other test including a laboratory test. A perusal of the final report indicates that in the alcometer test conducted on the peti
Breathalyzer test evidence requires original print documentation for admissibility; typewritten reports lack evidentiary value under Motor Vehicles Act and associated directives.
A breathalyser test is mandatory to substantiate claims of driving under intoxication; failure to do so invalidates related prosecutions.
Procedural non-compliance in drunken driving cases invalidates prosecution under Section 185 MV Act, but does not affect independent charges under Section 279 IPC.
Mandatory testing under the Motor Vehicles Act must occur within specified timeframes to ensure valid prosecution.
NDPS Act – Conviction set aside - Sub-Section(3) of Section 161 Cr.P.C. would provide that if the Police Officer reduces the statement of a witness into writing, he shall make a separate note and tru....
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