Introduction: Printout Required for Drunken Driving Cases
The Kerala High Court ruled that an original printout from a breathalyzer test is required as evidence to establish drunken driving cases under Section 185 of the Motor Vehicles Act. A typewritten copy prepared by the police is not admissible in court.
Case Background
The case involved a man accused of drunken driving and rash driving. A crime was registered against him under Section 279 of the IPC and Section 185 of the Motor Vehicles Act. The police relied on a typewritten copy of the breathalyzer test results instead of the original printout.
Petitioner’s Stance
The petitioner argued that there was no valid evidence against him. He stated that the breathalyzer test result is admissible only if the original printout, generated at the time of testing, is produced in court. He also pointed out that a medical test should be conducted within two hours of the arrest under Section 185. Additionally, he cited a circular issued by the Director General of Police, which mandates submitting a printed breathalyzer result as evidence.
Court’s Ruling
The court found that only a typewritten copy was produced. It stated that under Section 203(6) of the Motor Vehicles Act, breathalyzer test results are admissible only if obtained immediately and presented in their original form. The court also referred to Circular No. 44 of 2009, which clarifies the requirement for an original printout.
Final Verdict
The court ruled that a typewritten report has no evidentiary value. Since the prosecution failed to produce the original breathalyzer printout, the court quashed the proceedings against the petitioner.
Section 185 of Motor Vehicles Act
Section 185 of the Motor Vehicles Act penalizes driving under the influence of alcohol or drugs. It sets the legal limit for blood alcohol concentration (BAC) and prescribes punishments for violations.
Legal Alcohol Limit for Driving
A person is guilty under this section if:
- Alcohol in Blood: BAC exceeds 30 mg per 100 ml of blood, as detected by a breathalyzer.
- Drug Influence: The driver is under the influence of drugs, making them incapable of driving safely.
