dated 16.5.2008 upon which the Doctor opined alcohol level by Breath Analysis Test No. 1950 is 11 mg%. The PCR staff is being briefed/directed
that the B.A test report
reveals 478 mg/100 mlalcohol even after 5 hours of the
incident meaningtherebythe test was not conducted
MANOR Digitally ... time of
performing duty was in an intoxicated condition. Breathe
Analysis test and blood sample indicate that he was
MANOR Digitally
by
ANJAN MANORANJAN
signed
driving the
car also furnished. As per the breath analysis and blood analysis
tests conducted on the driver it was observed that
month of August 2002,
the complainant had breathing problem, for which, he underwent Cardiac Stress
Analysis Test, which disclosed the condition of Cardiac, as restricted
report was the result of Breath Analyzer Test. It bears the
name of the applicant and the details of test are mentioned in the report ... that he had undergone Breath Analyzer Test, are
established beyond doubt through the above witnesses. It is true that blood
analysis test was not conducted
having grain length of
more than 7 mm, and grain length to breath ratio of more
than 3.6 has been allowed. Attention is also invited ... grain length to breath ratio.
Customs may draw random samples for testing, to ascertain
variety identification and send these samples for analysis to
AGMARK testing
urine tests were not conducted on the applicant when he was fully cooperating with the medical examination. In absence of these tests, it cannot ... drinking. No urine test of the appellant was carried out and although the blood of the appellant was sent for chemical analysis, no report
test of
the appellant was carried out and although the blood of the appellant was sent
for chemical analysis, no report of the analysis ... blood was detected in the blood and the breath
analyzer test was conducted. The Doctor
also clearly stated that he had consumed alcohol
appellant, based his conclusion merely on the facts that the appellants breath was smelling of alcohol, that his gait was unsteady, that his speech ... drinking. No urine test of the appellant was carried out and although the blood of the appellant was sent for chemical analysis, no report
S. Pugazhendhi vs Tamil Nadu State Pollution Control ... on 22 December, 2021
Bench: K Ramakrishnan