KOCHI: The Kerala High Court has said the police should not book a person for drink driving unless a breathalyser test is conducted.
A single judge issued the order while quashing a case registered by the Thiruvalla police against Renji George Cherian of Kacherippadi in Thiruvalla for drunk driving (section 185 of the Motor Vehicles Act) and rash and negligent driving (section 279 of the Indian Penal Code). The court said what section 279 contemplates is not driving or riding a motor vehicle with negligence but something more.
“To constitute a penal offence thereunder, such driving or riding should be rash and reckless, endangering human life, that too through a public way,” the court observed.
The case against the petitioner was he was found driving a car in a rash and negligent manner under the influence of alcohol. Police had immediately taken him to a government doctor and a certificate of drunkenness obtained. The doctor certified Cherian had consumed alcohol but was not under its influence.
Citing a Supreme Court order, the court said as per section 185 of the Motor Vehicles Act, the offence of drink driving is attracted only if alcohol content exceeding 30 mg per 100 ml of blood is detected by a breathalyser. As such a test was not conducted, the offence of drink driving is unsustainable, it held. Regarding rash driving, the police had relied on statements of two police officers who were stated to be eyewitnesses to substantiate the allegation.
After going through the statements, the court said they only vaguely refer to negligent driving. Moreover, the statements are on printed forms in which only the personal details of the witnesses are filled. The High Court had earlier held use of such forms to record statements of witnesses impermissible, the bench held.
Due to these reasons, the offences of drink driving and rash driving against the petitioner are not sustainable, the court observed.