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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
PRAVEEN RAJ – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusation of driving under the influence requires valid evidence. (Para 1 , 2) |
| 2. failure to conduct mandatory blood tests undermines prosecution. (Para 4 , 5) |
| 3. court emphasizes compliance with statutory mandates for legal proceedings. (Para 8) |
O R D E R
Dated this the 06th 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, the
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