To Attract Drunk Driving U/S 185(a) Of MV Act Accused Should Be Subjected To Breath Analyser Or Blood Test
The Kerala High Court has recently held that in order to attract the offence of drunken driving under Section 185(a), the accused should have been subjected to a breath analyser or any other test including a laboratory test and his blood must be found to contain alcohol exceeding 30 mg per 100 ml. The prosecution case was that the accused rashly and negligently drove his car,...
The Kerala High Court has recently held that in order to attract the offence of drunken driving under Section 185(a), the accused should have been subjected to a breath analyser or any other test including a laboratory test and his blood must be found to contain alcohol exceeding 30 mg per 100 ml.
The prosecution case was that the accused rashly and negligently drove his car, endangering human life and wrecked it into another car causing injuries to the passengers therein. The accused was arrested and in the medical examination report, the court noted that, "the doctor had opined that the petitioner smelled of alcohol." On the sheer basis of this opinion, the accused was being prosecuted under Section 185 of the Motor Vehicles Act. The challenge of the accused was that the Section 185 would be attracted only when alcohol content is detected through breath analyser test.
Section 185 of the Motor Vehicles Act is produced herein for the reader's reference :-
Whoever, while driving, or attempting to drive, a motor vehicle,--
[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, [or in any other test including a laboratory test,] or]
(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.
shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine [of ten thousand rupees], or with both; and for a second or subsequent offence, *** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both.
[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]
The court relied on the decision of Kerala High Court in Sagimon v. State of Kerala [2014(3) KLT 782] and held that, prior to 2019 Amendment, it was mandated to determine the alcohol content in blood through breath analyser test. After the amendment, the statute mandates to conduct either the breath analyser test or any other laboratory tests. In this instant case, the proceedings under Section 185 of MV Act cannot be sustained on the basis of an opinion of a doctor without detecting alcohol in blood through any breath analyser/laboratory tests.
Hence, the court quashed the proceedings, only with respect to Section 185 of MV Act, against the accused in the following words :-
Both decisions were rendered on interpretation of Section 185(a) prior to its amendment, which mandated detection of blood alcohol level through a breath analyser test. After the amendment, other tests, including laboratory test, can be resorted for determining alcohol content in blood. But, as far as the instant case is concerned, no such test is seen to have been conducted. Being so, the petitioner cannot be prosecuted for the offence under Section 185 of the Motor Vehicles Act. Even though the prayer is to quash the further proceedings as a whole, I find no sustainable ground for doing so
[Read Order]