DHANESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.48 of 2019 registered at the Payangadi Police Station for the offences under Sec. 279 of the Indian Penal Code and Sec. 185 of the Motor Vehicles Act, now pending as STC No.291 of 2019 on the files of the Judicial First Class Magistrate Court, Payyannur.

(2.) The crime was registered on the allegation that, at about 22.10 hours on 21/1/2019, the petitioner was found driving his motor bike dangerously after consuming alcohol. In order to prove that the petitioner had driven the vehicle after consuming alcohol, report of the breathalyzer test conducted is the only piece of evidence. The challenge in the Crl.M.C is that the report of the breathalyzer test produced is of a typewritten document and is hence, of no evidentiary value.

(3.) Learned counsel for the petitioner contended that as per Sec. 202 of the Motor Vehicles Act, a person arrested in connection with an offence under Sec. 185 should be subjected to medical examination within two hours of his arrest. Even though Sec. 203 provides for conduct of a breath test by the police officer, the result of that test can be accepted in evidence only if the print out of the test taken contemporaneously is produced, with the requisite certification. Reference is made to Circular No.44 of 2009 issued by the Director General of Police to point out that it is mandatory to conduct the breathalyzer test properly and obtain a printed copy of the test result and produce the same in court along with the charge sheet so as to sustain the charge. It is contended that no such test result is produced in the petitioner's case and all that is available is a typed copy prepared by the police.