O R D E R

Dated this the 06^th day of February, 2026 The petitioner is the accused in S.T.No.2495/2025 on the file of the Court of the Additional Chief Judicial Magistrate, Thiruvananthapuram, (‘Trial Court’, in short), which has been registered against him for allegedly committing the offences punishable under Section 281 of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and Section 185 of the Motor Vehicles Act, 1988 (‘Act’, in short).

2. The crux of the prosecution allegation is that:-

On 04.09.2025, at about 14:05 hours, the accused was found driving a car bearing registration No. KL-01- CL-5757 in inebriated condition and in a rash and negligent manner from Thirumala to Poojappura.

3. I have heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submits that the Investigating Officer has failed to conduct the blood test of the petitioner. Therefore, there is no sufficient materials to prove that he was under the influence of alcohol. It is mandatory that blood test has to be conducted. The above view has been laid down by this Court in Benny Mon vs. State of Kerala [ 2025 (2) KHC 519 ]. Therefore, even if the p