FIR cannot be registered only on the basis of breath analyzer test...
Patna high court has made an important comment in a case saying that a case registered under the prohibition law only on the basis of breath analyzer test will be considered illegal. On which, while talking to ANI today (Friday), lawyer Shivesh Sinha said that the high court has passed the order while giving its verdict on the petition of a government employee posted in Kishanganj. When the Excise Department raided the house of the government employee in Kishanganj, his reading during the breath analyzer machine test came out to be 4.1 MG 100 ML. A case was registered against him for this.
The lawyer further said that an FIR was registered against the government employee after which he was suspended after departmental action. Then a petition was filed in the high court in this matter.
supreme Court's 1971 decision cited
The petition informed that a 1971 supreme court decision states that according to medical jurisprudence, only blood test and urine test are conclusive evidence for alcohol consumption. The supreme court had also said in its decision that a person who is staggering, has a foul smell from his mouth or his speech seems to have consumed alcohol. Even in such a condition, it is not confirmed that the person has consumed alcohol.
'Breath analyzer test is not conclusive evidence'
Advocate Shivesh Sinha said that the supreme court had clearly said that only through blood test and urine test can it be confirmed that the said person has consumed alcohol. In our case, neither blood test nor urine test was done. An FIR was registered only on the basis of breath analyzer test. He further said that we reiterated the supreme Court's decision before the high court, on which the high court said that the breath analyzer test is not a conclusive proof of alcohol consumption. The high court has clearly stated that a case cannot be filed against anyone on the basis of breath analyzer test alone.
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