AI Overview...
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Breathe Analyzer Cannot Be Sole Ground - The courts have consistently held that a conviction or dismissal of appeal cannot rely solely on the absence or presence of a breath analyzer test. Judicial observations and decisions emphasize that procedural irregularities or lack of breath test, while relevant, are not the only grounds for legal conclusions, and other evidence or admissions are also considered Jhantu Das VS State of Tripura - Gauhati, Jhantu Das VS State of Tripura - Gauhati, Jhantu Das VS State of Tripura - Gauhati.
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Legal Validity Without Breath Test - Courts have recognized that a conviction based on a plea of guilt or other evidence can be sustainable even without a breath analyzer test, provided other legal and procedural requirements are met. The absence of the test does not automatically invalidate the proceedings if other evidence supports the case Jhantu Das VS State of Tripura - Gauhati.
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Procedural Irregularities and Evidence - Failure to conduct a breath analyzer test, such as not performing the test or procedural lapses, can be a significant factor but does not necessarily lead to dismissal of charges or appeals. Courts have emphasized that procedural violations must be established as illegality to impact the case validity O.P.SINGH vs UNION OF INDIA - Chhattisgarh, JAYAN Vs STATE OF KERALA - Kerala.
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Limitations of Breath Test Evidence - The chemical analysis reports and other evidence, such as admissions or witness testimony, hold importance. Courts have noted that reliance solely on breath analyzer results is insufficient; corroborative evidence is necessary for conviction or dismissal Jhantu Das VS State of Tripura - Gauhati, Rajesh s/o. Kewalramji Chute VS State of Maharashtra, Through Police Station Officer - Bombay.
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Overall Conclusion - The key insight is that breath analyzer tests are an important but not exclusive element in cases involving alcohol or intoxication. Judicial decisions affirm that procedural lapses or absence of the test do not automatically condemn or exonerate an accused; the entire evidentiary and procedural context must be considered Jhantu Das VS State of Tripura - Gauhati, Jhantu Das VS State of Tripura - Gauhati, Jhantu Das VS State of Tripura - Gauhati, JAYAN Vs STATE OF KERALA - Kerala.
In summary, while breath analyzers are significant in alcohol-related cases, courts have consistently maintained that their absence or procedural irregularities related to their use are not the sole grounds for conviction or appeal dismissal. The entire evidentiary framework and procedural legality are crucial in such cases.
Search Results for "Breathe Analyzer Cannot be Sole Ground"
2006 0 Supreme(Gau) 83 • India - Gauhati
T.VAIPHEI
Issues: The issues revolved around the legality of the conviction under Section 185 without a breath analyzer test and the ... analyzer test was inconsequential. ... Ratio Decidendi: The court held that if the accused admits to driving in a drunken state, the absence of a breath analyzer ... However, this is not the sole ground on which the learned Sessions Judge dismissed the appeal of the petitioner as would appear from the impugned appellate ord....
2007 0 Supreme(Gau) 86 • India - Gauhati
TINLIANTHANG VAIPHEI
analyzer test. ... analyzer test. ... analyzer test. ... However, this is not the sole ground on which the learned Sessions Judge dismissed the appeal of the petitioner as would appear from the impugned appellate order. ... The observation made by a court in a judicial proceeding are sacrosanct and, cannot be questioned by a party subsequently and the same is final. ... Under such circumstances, it cannot be said that the learned Magistrate committed any illegality in....
2006 0 Supreme(Gau) 82 • India - Gauhati
TINLIANTHANG VAIPHEI
analyzer test. ... analyzer test. ... The court held that the conviction based on the petitioner's plea of guilt was sustainable in law, even without a breath analyzer ... However, this is not the sole ground on which the learned Sessions Judge dismissed the appeal of the Petitioner as would appear from the impugned appellate order. ... The observation made by a Court in a judicial proceeding are sacrosanct and, cannot be questioned by a party subsequently and the sam....
2025 Supreme(Online)(KER) 8372 • India - High Court of Kerala
G. GIRISH, J
analyzer test which indicated 101 mg of alcohol per 100 ml, but not to a laboratory test as required after arrest. ... ... Facts of the case: ... The petitioner was arrested for driving under the influence of alcohol on 05.03.2020, subjected to a breath ... Blood test of the offender is not a mandatory requirement if there is no arrest pursuant to him being booked for the offence under Section 185 of the M.V.Act after a breath-analyzer test. But the position is different if there is arrest of the accused after subjecti....
2025 Supreme(Online)(KER) 8371 • India - High Court of Kerala
G. GIRISH, J
MV Act cannot be invoked due to procedural infraction. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala. 5.
2011 0 Supreme(Ori) 436 • India - Orissa
B.K.MISRA
376(2)(g) - Rape - Indian Penal Code - [376(2)(g)] - The court analyzed the evidence and found that the sole evidence of the prosecutrix ... Issues: The key issues revolved around the credibility of the witnesses, including the prosecutrix, and the probative value ... But this evidence of P.W.1 cannot be believed in view of the evidence of P.W.2, the prosecutrix who says that she cannot say if somebody might have slept on her and she could not recognise the persons in view of the darkness. ... Ws.2 to ....
2022 0 Supreme(J&K) 235 • India - Jammu and Kashmir
SANJAY DHAR
trained driver on a busy road in market clearly goes on to show that petitioner/accused has acted recklessly and negligently – No ground ... who happens to be a minor child – It is also established that as a result of injuries sustained by deceased due to accident, she breathed ... Another important caution that Courts have declared in the pronouncements is that conviction of the accused cannot be based merely on the statement made under Section 313 of the Cr.PC as it cannot be regarded as a substantive piece of evidence....
2017 0 Supreme(Bom) 1770 • India - Bombay
ROHIT B.DEO
Ratio Decidendi: The court emphasized that in cases of rape, the conviction cannot rest solely on the testimony of the prosecutrix ... Issues: The issues revolved around the reliability of the prosecutrix's testimony, the strained relations between the parties ... The clothes of the prosecutrix and the accused were seized and sent for Chemical Analyzer. But then, the report of the Chemical Analyzer does not take the case of the prosecution any further. ... 13. ... In the next breath, she retracts and ....
2024 Supreme(Online)(CHH) 11632 • India - High Court of Chhattisgarh
Smt. Justice Rajani Dubey, Shri Justice Bibhu Datta Guru, JJ
The court emphasized that it cannot interfere unless procedural illegality is established. ... Learned counsel further submits that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of afÏdavit or otherwise. ... It was revealed that the said Guard of Train No. 12859 did not actually conduct a breath analyzer test, but instead of him another Sr. Goods Guard/Nagpur had as pr....
2016 Supreme(Online)(KER) 4603 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Ratio Decidendi: The court held that inherent jurisdiction cannot be used to dismiss charges based solely on evidence assessment ... Intoxication - Criminal Proceedings - Kerala Police Act - Sections 117(e), 118(a) - The court analyzed the applicability of Kerala ... According to the learned counsel failure to conduct the Breath Analyzer test is fatal and the continuance of the proceedings ,is nothing but a futile exercise. O R D E R The petitioner is the sole
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