DILEEPKUMAR K R Vs. NAZEER

JUDGEMENT

(1.) This petition is filed challenging Annexure - A2 notice issued by Sub Inspector of Police, City Traffic Police Station, Thiruvananthapuram directing him to appear before Judicial First Class Magistrate, Thiruvananthapuram on 06/03/2010 in Crime 599/2010, stating that he is accused in that crime registered for the offence under S.279 of Indian Penal Code and S.185 of Motor Vehicles Act. The case of the petitioner is that on 22/02/2010 he had consumed 'dasamoolarishtam', evidenced by Annexure A1 bill, and was driving Tata Indica Car from Thiruvananthapuram to Alappuzha and at around 3 pm, Sub Inspector of City Traffic Police Station detained him with some other vehicle and demanded payment of Rs.500/-. When refused to pay, denying consumption of liquor and stating that he had only consumed 'dasamoolarishtam' and showed the bottle containing 'dasamoolarishtam' and the bill, the car was detained at Pattom Police Station. Even from there, the Sub Inspector demanded money and ultimately at the intervention of an Advocate he was released on bail. Thereafter crime 599/2010 was falsely registered and Annexure - A2 notice was issued and he was not subjected to any test and he was not driving the vehicle negligently and therefore Annexure - A2 notice is to be quashed.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) Learned Public Prosecutor submitted that petitioner is not an accused in Crime 599/2010 but in crime 601/2010 and the crime mentioned in Annexure - A2 notice was a mistake and that fact was communicated to the petitioner orally by calling him over phone. Learned Public Prosecutor submitted that the petitioner was subjected to breath analysis test and it showed that percentage of alcohol in his blood at that time exceeded 30 mg per 100 ml of blood and therefore the offence under S.185 of Motor Vehicles Act is attracted and as petitioner was driving negligently, an offence under S.279 of Indian Penal Code was also committed.