The court made it clear that it is necessary to prove through blood test or breath analyzer test that the amount of alcohol in the body was more than the limit prescribed in the Motor Vehicles Act-1988. In the absence of such scientific investigation, a charge of drunk driving or a charge under Section 105 of BNS cannot be framed merely on the basis of smell of alcohol.
The jeep suddenly overturnedThe single bench of Justice Alok Mehra, while hearing the criminal revision petition, partially quashed the order of the Sessions Court. Petitioner Amar Singh was driving a jeep from Badrinath Dham towards Chamoli. It is alleged that the jeep overturned after losing control of the vehicle, due to which several passengers were injured and one passenger died. During the medical examination after the accident, doctors mentioned the smell of alcohol coming from the driver's mouth. But his blood sample was not taken nor was breath analyzer test conducted.
What argument did the petitioner give?
The petitioner said that according to Section 185 of the Motor Vehicles Act, a person can be considered to be driving a vehicle only while intoxicated. When scientific examination proves that more than 30 mg of alcohol per 100 ml of blood was present in his blood.
