ORDER

The petitioner is the accused in S.T.No.2317/2019 on the files of the Judicial First Class Magistrate Court, Mavelikkara. The offences alleged against him are under Section 279 of the Indian Penal Code , 1860(in short, ‘ IPC '), and Section 185 of the Motor Vehicles Act ,1988 (in short, ‘ MV Act ’). He seeks to quash the proceedings in the said case on the grounds of procedural irregularities on the part of the investigating agency.

2. The prosecution case is that on 26.09.2019, at about 8:30 p.m, the accused/petitioner was found to have been driving a motor car under the influence of alcohol, in a rash and negligent manner, likely to endanger human life, through Kallumala-Nalumukku public road. The Sub Inspector of Police, Mavelikkara, and his team are said to have intercepted the vehicle and arrested the accused. However, no breath analyser test or laboratory test to ascertain the alcohol content in the blood of the petitioner, was done. Instead, it appears that the petitioner was thereafter released on bail. Later on, the Sub Inspector of Police, Mavelikkara, filed a final report before the learned Magistrate alleging the commission of offence under Section 279 IPC and Se