ORDER

The petitioner is the accused in Crime No.326 of 2018 of Kumaly Police Station. The offences alleged against the petitioner are punishable under Sections 279 of the Indian Penal Code ( IPC ) and Section 185 of the Motor Vehicles Act (M.V.Act).

2. The allegation against the petitioner is that on 30.5.2018 at about 19.30 hours the petitioner drove a Wagon R. Car bearing registration No.KL-37C-9599 in a rash and negligent manner endangering human life from Kumily to Kottayam under the influence of alcohol. The vehicle was intercepted by the 2nd respondent at Thekkady kavala and the petitioner was taken into custody and subjected to medical examination after registering Annexure-1 F.I.R. After completing the investigation, Annexure-2 final report was filed for the offences mentioned above.

3. The case of the petitioner is that, the petitioner was not subjected to test by a Breath Analyzer which is mandatory for the offence under Section 185 of the M.V. Act. In such circumstances, the offence under of the M.V. Act is not attracted. As regards to Section 279 IPC is concerned, it was pointed out that, the same was incorporated only because of the allegation that the petitioner w