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AIR 2012 SUPREME COURT 3104
::2012 AIR SCW 4506
Supreme Court Of India
Hon'ble Judge(s):
Deepak Verma,
K. S. Radhakrishnan
, JJ
(A) Motor Vehicles Act (59 of 1988) , S.185, S.203, S.205— Drunken driving - Breath analyser test - Applicable only when person is driving or attempting to drive vehicle - Cannot be applied when driver has fled away from place of occurrence - Plea that when procedure has been laid no finding that driver was drunk could be reached without following procedure - Not available to driver who has fled away from scene. Per K. S. Radhakrishnan, J. :- Cumulative effect of the provisions, of Ss. 203 and 205 indicate that the Breath Analyzer Test has a different purpose and object. The language of the above sections would indicate @page-SC3105 that the said test is required to be carried out only when the person is driving or attempting to drive the vehicle. The expressions "while driving" and "attempting to drive" in that above sections have a meaning "in praesenti". In such situations, the presence of alcohol in the blood has to be determined instantly so that the offender may be prosecuted for drunken driving. A Breath Analyzer Test is applied in such situations so that the alcohol content in the blood can be detected. The breath analyzer test could not be applied when the accused had escaped from the scene of the accident. Plea that when procedure has been laid to detect intoxication no finding that driver was drunk could be reached wi....
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