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3. In view of limited challenge, one need not, in detail, discuss the prosecution evidence, save and except that through the testimonies of Pravesh Kumar (PW-1), Surinder Negi (PW-4), Vikas Prashar (PW-14) and Jyoti Prakash (PW-15) it stands established on record that on 12.6.2009 accused was driving Maxi Cab bearing registration number HP-02-1683, which on account of rash and negligent driving on the part of the accused, met with an accident. The vehicle was not found to be mechanically defective.

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14. Failure on the part of a person to either give specimen of his breath for breath test or blood for a laboratory test, leads to a presumption of a circumstance of unfitness to drive the vehicle, supporting any evidence led of by the prosecution. This is so provided under Section 205 of the Act. rt

15. The apex Court in State through PS Lodhi Colony, New Delhi vs. Sanjeev Nanda, (2012) 8 SCC 450 had the occasion to construe the provisions of Section 185, 203 and 205 of the Act. The Court held that the language of the sections indicated that the test is required to be carried out only when a person is driving or is attempting to drive a vehicle and the object being instant determination of the presence of the alcohol in the blood of a person prosecuted for drunken driving. Finding the report of the laboratory to have been duly proven on record, the Court convicted the accused for the charged offence, holding that :

"86. Drunken driving has become a menace to our society. Everyday drunken driving results in accidents and several human lives are lost, pedestrians in many of our cities are not safe. Late night parties among urban elite have now become a .
way of life followed by drunken driving. Alcohol consumption impairs consciousness and vision and it becomes impossible to judge accurately how far away the objects are. When depth perception deteriorates, eye muscles lose their precision causing inability to focus on the objects. Further, in of more unfavourable conditions like fog, mist, rain etc., whether it is night or day, it can reduce the visibility of an object to the point of being below the limit of rt discernibility. In short, alcohol leads to loss of coordination, poor judgment, slowing down of reflexes and distortion of vision."

Reference to some of the Articles, 'inter alia', Articles 15(1), 20, 21 makes the proposition quite plain. A citizen cannot get discrimination by telling the State "You can discriminate", or get convicted by waiving the protection given under Articles 20 and 21. "

[Emphasis supplied]

19. Section 304-AA IPC provides that whenever a driver of a public service or a private vehicle drives or attempts to drive, in a state of intoxication and causes death (not amounting to culpable homicide) or injury due to such rash and negligent driving, he shall be liable for punishment.