ORDER

Petitioner is the accused in C.C.No.630 of 2020 on the files of the Judicial First Class Magistrate-I, Kannur. Based on the final report filed in Crime No.30 of 2020 of Kannapuram Police Station, the court took cognizance for the offences under Sections 279 and 337 of IPC and 185 of the Motor Vehicles Act . The prosecution allegation is that, at about 4 p.m. On 21.1.2020, the petitioner had driven his car in a rash and negligent manner so as to endanger human life and had dashed against another car, resulting in the driver and passenger of the other car sustaining injuries. The petitioner was arrested and subjected to medical examination, upon which the doctor opined that the petitioner smelled of alcohol.

2. The challenge in this Crl.M.C is primarily against inclusion of the offence under Section 185 of the M.V.Act. The challenge is based on the ground that the offence under would be attracted only when alcohol content is detected through breath analyser test. It is contended that no such test havig been conducted, the entire prosecution is illegal. Reliance is placed on the decision of this Court in Sagimon v. State of Kerala [2014(3) KLT 782] and Annexure A3 order in C