SAIDALAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has sought for getting quashed the proceedings initiated under section 185 and section 3(1) r/w section 181 of Motor Vehicles Act vide S.T. No. 6565/ 2000 in the court of JFCM, Parapanangadi on the allegation that he was found driving an auto-rickshaw in a drunken state. It is the case of the petitioner that he has not been subjected to a breath analyser test as is contemplated under section 185 nor was he subjected to a blood test to determine quantity of alcohol in his blood stream. Ofcourse, his case is that he was not driving the vehicle at all. THE petitioner has also produced the decision reported in Ra javalse M v.State ( 1999 CRI.L.J.4 58 (Karnataka High Court) in this regard. THE petitioner has also produced the copy of the medical certificate issued by the Civil Surgeon of the Government Hospital, Parapanangadi from which it can be seen the petitioner was not subjected to the breath analyser test or blood test. THE observation of the Doctor is that he has consumed alcohol but is not under the influence of it.

(2.) IN the circumstances, I find that the proceedings initiated against the petitioner under section 185 amounts to infraction of the above provision. Hence charge under section 185 of Motor Vehicles Act 1988 is herewith quashed. The petitioner would stand trial for the rest of the charges. The Crl. M.C is disposed of accordingly.