SUBHI VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C for quashing the proceedings initiated against the petitioner for committing an offence punishable under Section 185 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act').

(2.) The petitioner is the accused in the case C.C.No.220/2018 on the file of the Court of the Judicial First Class Magistrate-VI, Kozhikode. The prosecution case is that, he drove the car KL 11 BF 2991 in a manner so rash and negligent as to endanger human life and as a result, the car hit on an autorickshaw causing grievous hurt to the driver of it. It is alleged that the petitioner was under the influence of alcohol at the time when he drove the car and that he committed the offences punishable under Sections 279 and 338 I.P.C and under Section 185 of the Act.

(3.) The contention of the petitioner is that, in the absence of any breath analyser test conducted to detect the quantity of alcohol in the blood, the prosecution against him for an offence punishable under Section 185 of the Act is not maintainable.