conduct breath analysis test and
medical tests. Section 75 of the Act runs thus:-
"75. Power to conduct breath
analysis tests and medical tests ... tests as he may deem fit.
(2) The person so asked, is duty
bound to submit himself to such medical tests or
breath analysis test
that
one or more specimens of breath for breath test can be taken. The
one specimen breath test was taken by means of alcometer ... says that the result of breath test
shall be admissible in evidence. The breath test analysis taken u/s
203 (1) MV Act is admissible
public place, to provide one or more specimens of breath for
Breath Alcohol Analysis Test. Sub-section (3) of Section 203 speaks of
the power ... test, if it appears to the police officer in consequence of the
Breath test carried out by him on that person, that the test indicates
namely Rajesh who is present in the court (correctly identified).
Thereafter, Breath Analysis Test was conducted upon the accused and
the content of alcohol ... section 185 of MV Act makes it very clear that Breath Analysis
Test is relevant and admissible piece of evidence and further section 203
authorized
incorporates power to conduct breath analysis test and medical
test which reads as under:-
"75. Power to conduct breath analysis tests
and medical tests ... tests as he
may deem fit.
(2) The person so asked, is duty bound to
submit himself to such medical tests or
breath analysis tests
that one or
more specimens of breath for breath test can be taken. The one specimen
breath test was taken by means of alchometer ... says
that the result of breath test shall be admissible in evidence. The breath test
analysis taken u/s 203 (1) MV Act is admissible
unfit to give
statement did not cooperate with the doctors for breath analysis test.
6. Prosecution next examined PW-2 who is a formal witness ... himself was in intoxicated condition and refused to
cooperate for breath analysis test. Even though his blood was
preserved for alcohol concentration tests
unreliable breath analysis report and
certificate of fitness not attached with the challan
The ld. Counsel further vehemently argued that the breath analysis report ... public place;
(b) He must be tested by a breath analyzer; and
(c) After breath analyzer test, the accused is found to have more than
deposed that when he conducted breath analysis test of the
accused, with alcometer, the reading was 191. If the reading is
more than
condition on.........(date) at..............
(location). I was subjected to medical
examination/breath analysis test which
confirmed that I had consumed alcohol/liquor.
I further declare ... caught at .......(location). The accused
was subjected to medical examination/breath
analysis test which confirmed that the accused
had consumed alcohol/liquor,
The above charge
