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
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
alcohol by way of Alco-Sensor test. As per
aforesaid test, 91.8 mg alcohol was found in the breath of the
bail petitioner ... bail petitioner came to be rejected on two grounds, firstly, the
breath analysis test and secondly, the non-production of the
driving licence. Subsequently
alcohol on 09.11.2022 and was caught at Nokha
Bazar and the breath analysis test confirmed that the accused
had consumed alcohol/liquor ... custody since 10.11.2022. Learned counsel
further submits that only relying upon the Breath Analyzer
Report and without giving an opportunity of hearing to the
appellant
Counsel that he did not get the breath test of the
accused conducted and the breath analysis slip does not belong to the accused ... doubt regarding the
person who conducted the breath test on the accused which generated the breath
analysis report. PW1, the witness to the challan
alcohol was coming
from the mouth of the accused. Thereafter, Breath Analysis Test was conducted
upon the accused and as per report the quantity ... that no permission was taken from the court for
conducting Breath Alcohol Analysis Test Vol. He deposed that no permission is
necessary for conducting Breath
there is no other evidence to prove this fact. No
breath analysis test was conducted on the accused by the police. Even
the medical report ... merely states that there was smell of alcohol in the breath
of accused. This cannot be said to be a sufficient proof of the
intoxication
10SA 8707 in drunken condition. The content of the alcohol
was tested through breath alcohol analyser instrument and it was
found ... excessive, exorbitant harsh and severe.
It is submitted that the breath analysis test was conducted by inexpert
person and that he was not taken
liquor. But there is no
evidence to prove this fact. No breath analysis test was conducted on
the accused by the police. Even the medical
drunken condition. The content of the alcohol
was tested through breath alcohol analyser instrument and it was
found ... execessive, exorbitant harsh and
severe. It is submitted that the breath analysis test was conducted by
inexpert person and that he was not taken
