Original Printout From Breathalyzer Machine Mandatory, Type Written Report Not Admissible In Evidence To Prove Drunken Driving: Kerala HC
Tellmy Jolly
18 March 2025 5:30 AM
The Kerala High Court recently ruled that original printout obtained from the equipment after a breathalyzer test under Section 203 of the Motor Vehicles Act is admissible as evidence to establish drunken driving under Section 185 of the Act.
It is to be noted that breathalyzer test is used to measure breath alcohol content.
Justice V.G. Arun stated that typewritten copy prepared by the police after the breathalyzer test is conducted, is not admissible as evidence in Court.
Court said, “In the case at hand, the print out of the test is not produced. Instead, a typewritten copy prepared by the police is submitted along with the final report. As contended, no evidentiary value can be attached to the type written report. The results of the breathalyzer test made admissible by Section 203(6) can only be for the original print taken from the equipment immediately after the test.”
The allegation against the Petitioner is that he drove motor bike dangerously after consuming alcohol.
Crime was registered against the Petitioner under Section 279 (rash driving or riding on a public way) of the IPC and Section 185 (driving by a drunken person or by a person under the influence of drugs) of the Motor Vehicles Act.
The Petitioner approached the Court for quashing the proceedings arguing that there is no evidence against him.
The Petitioner submitted that result of breath test by police officer conducted as per Section 203 of the Motor Vehicles Act is admissible in evidence only if the test's printout, generated at the time and duly certified, is produced. It was also stated that as per Section 185, on suspicion of drunken driving, medical test has to be carried within two hours of the arrest.
The Petitioner further relied on a circular issued by the District General of Police to point out mandatory proper conduct of the breathalyzer test and submission of a printed test result in Court as evidence.
The Petitioner thus submitted that the only evidence against him is the report of the breathalyzer test which is a typed copy that has no evidentiary value.
In the facts of the case, the Court noted that only type written copy by the police was produced. It noted that no original print out from the equipment was produced after the breathalyzer test in the Court.
Court added, “As per Sub-Section (6) of Section 203, the results of a breathalyzer test is admissible in evidence. But for that, the test should be conducted immediately, and if the accused refuses to undergo the test, after his arrest, within two hours, and the print out received from the equipment produced in court along with the charge sheet. The prosecution needs no further clarification in the light of Circular No. 44 of 2009 issued by the Director General of Police.”
As such, the Court quashed the proceedings against the Petitioner.
Counsel for Petitioner: Advocate T V Jayakumar Namboodiri
Counsel for Respondents: Public Prosecutor M C Ashi
Case Title: Dhanesh M v State of Kerala
Case No: CRL.MC NO. 709 OF 2021
Citation: 2025 LiveLaw (Ker) 185