Breathalyzer Test Not Foolproof if Air Blank Isn’t Zero, Rules Kerala HC
Facts of the Case
Cops pull him over, probably thinking he’s had one too many. They haul him in, do the whole breathalyzer thing later on. The machine coughs up a 41 mg/100 ml reading just over the legal limit of 30 mg. But here’s where it gets dodgy: the printout also spits out this “Air Blank Test” result at a wild 412 mg/100 ml. Uh, what? Clearly that device needs a trip to the repair shop. Anyway, the police don’t care about the sketchy numbers they slap him with a bunch of charges. He gets booked under Section 281 of the Bombay Police Act (for rash driving), plus a hat trick under the Motor Vehicles Act: Section 185 for DUI, 181 for cruising around without a license, and 3(1) for not coughing up info when asked. Not exactly the New Year’s Eve he was hoping for.
Legal Provisions Invoked
Section 281 of the BNS? Basically, if you’re driving like a maniac and putting lives or property at risk, you’re toast. Then you’ve got the Motor Vehicles Act. Section 185 classic busts you for driving while wasted or high. Section 181? If you’re cruising around without a valid license, that’s a no-go. Oh, and Section 3(1) says if you crash, you better not just speed off you gotta stop and spill the details. Now, if cops think you’re drunk, Sections 203 and 204 kick in. That’s when the breathalyzer and medical tests come out, but there’s a whole playbook on how and when they can actually poke and prod you. Basically, if you mess up behind the wheel, there’s a law ready to smack you.
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Issues Before the Court
So, the guy’s basically asking the court—under Section 482, mind you to just scrap the final report and toss out everything against him. His angle? First, the breathalyzer test happened way too late. Then, nobody did the required medical check within two hours, which is, like, rule number one. Plus, the blank test wasn’t even zero, which kinda messes with the results, right? He’s also waving around his legit driving licence, saying, “Hey, that covers me no Section 181 offense here.” On the flip side, the state’s like, “Hold up. The whole reckless driving charge under Section 281 of the BNS? That’s got its own evidence dangerous riding and all that jazz so yeah, let’s go to trial.”
Court’s Analysis of Breathalyzer Validity
So, the High Court basically tore into Section 203(1) of the Motor Vehicles Act you know, the bit that says cops gotta run a breath test “as soon as reasonably practicable” after someone gets nabbed. But here’s the kicker: before you even test a suspect, the machine’s Air Blank Test is supposed to show a big fat zero. That’s how you know the thing’s not on the fritz. But in this case? Yeah, the blank reading spat out a wild 412 mg per 100 ml. Total mess. After that, how’s anyone supposed to believe the booze reading that came after? The court even dragged in a circular from the Director General of Civil Aviation. Apparently, for folks in safety-critical jobs, anything but a zero on the blank test is a no-go. Basically, if you can’t trust the calibration, the whole test is sketchy.
Decision on Criminal Charges
Given the unreliable breathalyzer result and the absence of a medical test under Section 204, the court held that prosecution for Section 185 would be “an exercise in futility.” It also found no basis for charging Section 181 since the petitioner held a valid licence valid until 2038. However, allegations under Section 281 of the BNS relating solely to alleged rash driving raised disputed questions of fact about dangerous conduct on the road. Those allegations required a full trial to resolve.
Order and Recommendations
The High Court used its inherent power under Section 482 CrPC to quash the final report and all further proceedings for offences under Sections 185, 181, and 3(1) of the Motor Vehicles Act. It directed the Public Prosecutor to provide a copy of the order to the Director General of Police, so that clear instructions can be issued to ensure proper breathalyzer calibration procedures in future cases. Proceedings on the rash driving count under Section 281 of the BNS were allowed to continue to trial.
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