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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN
Saran Kumar S. S/o Sivasambhu G. – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. The petitioner is the accused in Crime No.1637 of 2024 registered at the Medical College Police Station, Thiruvananthapuram for the offence under Section 281 of BNS along with Sections 185 , 3(1) and 181 of the MOTOR VEHICLES ACT .
2. The crime is registered on the allegation that the petitioner was found driving his scooter at about 08:30 PM on 30.12.2024 on the Medical College- Kumarapuram road in a rash and negligent manner. The vehicle was intercepted by the Police party and on suspicion that the petitioner had consumed alcohol, he was arrested and later released on self bond, after conducting a breathalyzer test.
3. Learned counsel for the petitioner contended that, going by Section 203 of the MOTOR VEHICLES ACT , the breathalyzer test ought to have been conducted immediately after intercepting the vehicle, whereas in the petitioner's case the test was conducted much after his arrest. The next contention is that, as per Section 204 of the MOTOR VEHICLES ACT , the petitioner should have been subjected to medical test within two hours of his arrest. Yet another contention is that the print out of the breath analyzer test produced along with the final report shows the rea
The prosecution for dangerous driving and alcohol consumption fails when the breathalyzer test is improperly conducted and the defendant holds a valid driving license.
Breathalyzer test results must be reliable; improper calibration invalidates the evidence of alcohol consumption, impacting prosecution under relevant vehicle statutes.
Breathalyzer test evidence requires original print documentation for admissibility; typewritten reports lack evidentiary value under Motor Vehicles Act and associated directives.
The requirement for obtaining further specimens after an initial breath test is not mandated by law, as interpreted from the statutory language of the Road Transport Act.
Mandatory testing under the Motor Vehicles Act must occur within specified timeframes to ensure valid prosecution.
Procedural non-compliance in drunken driving cases invalidates prosecution under Section 185 MV Act, but does not affect independent charges under Section 279 IPC.
(1) Harmonizing Policy Clauses with Section 185 of the MV Act – Commission clarified that insurance companies cannot repudiate a claim simply because any amount of alcohol is detected. For a claim to....
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