O R D E R

The Crl.M.C.is filed by the sole accused in Crime No.342/2011 for offences punishable under Section 185 of the MV Act and section 118(e) of the Kerala Police Act .

2. The allegation of the prosecution is that, on 9/7/2011 at about 6.30 pm, the petitioner herein was found driving the motor cycle along the public road in a rash and negligent manner under the influence of alcohol. He was intercepted, taken to the hospital and after conducting the physical examination, crime was registered. After investigation, final report was laid as charge sheet No.290/2011. Annexure A1 is the FIR and Annexure A2 is the final report.

3. The above proceedings are challenged by the petitioner herein contending that, he has been falsely implicated. It was further contended that, offence under section 118(e) of the KP Act and section 185 MV Act will not survive in the present case in the absence of any legally admissible material to establish his guilt. It was asserted by him that, he was not under the influence of alcohol and that he was not driving the vehicle in a rash and negligent manner.

4. Annexure-A3 is a certificate of Drunkenness dated

9/7/2011. This shows that the accused was seen by th