SARAN KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1637 of 2024 registered at the Medical College Police Station, Thiruvananthapuram for the offence under Sec. 281 of BNS along with Ss. 185, 3(1) and 181 of the Motor Vehicles Act.

(2.) The crime is registered on the allegation that the petitioner was found driving his scooter at about 08:30 PM on 30/12/2024 on the Medical College- Kumarapuram road in a rash and negligent manner. The vehicle was intercepted by the Police party and on suspicion that the petitioner had consumed alcohol, he was arrested and later released on self bond, after conducting a breathalyzer test.

(3.) Learned counsel for the petitioner contended that, going by Sec. 203 of the Motor Vehicles Act, the breathalyzer test ought to have been conducted immediately after intercepting the vehicle, whereas in the petitioner's case the test was conducted much after his arrest. The next contention is that, as per Sec. 204 of the Motor Vehicles Act, the petitioner should have been subjected to medical test within two hours of his arrest. Yet another contention is that the print out of the breath analyzer test produced along with the final report shows the reading in the blank test conducted, immediately before the petitioner's breath sample was taken, as 412 mg/100 ml. It is submitted that the police was bound to ensure that the calibration of the device showed 'zero' before conducting the breathalyzer test. In this regard, reliance is placed on the Circular issued by the Director General of Civil Aviation, making it mandatory to conduct breath-analyzer test for personnel engaged in aircraft maintenance, air traffic control services, aerodrome operations and ground handling services.