NARENDRA KUMAR RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Criminal Writ has been preferred for quashing of Excise Police Station Case No. 559 of 2024 (Special Case No. 572 of 2024), dtd. 2/5/2024, registered for the offences punishable under Sec. 37 of the Bihar Prohibition and Excise Act, 2016.

(2.) The factual matrix of this case is that the petitioner was allegedly found in an inebriated state at his temporary residence in Kishanganj on 2/5/2024, based on a breath analyzer test conducted by an excise team. He was immediately arrested and an F.I.R. was registered against him, which is currently pending before the Additional District and Sessions Judge-IV cum Special Judge-2 (Excise), Kishanganj.

(3.) The learned counsel for the petitioner submits that the entire prosecution case is based solely on the breath analyzer test, which cannot be a conclusive proof of consumption of alcohol. He further submits that no confirmatory blood or urine test was conducted, which is mandatory under law.