certificate it is noted that there was smell of alcohol in his
breath. It is therefore submitted that negligence can be attributed to the
appellant ... more which makes it an offence. The
breath analysis test was also not conducted.
13. Apart from that, Ext.A6 judgment of the criminal
smelling for alcohol therefore, breath analyzer test was conducted
on accused by him and as per breath analysis report accused was found to have ... that breath analysis report is admissible in evidence and if the amount of alcohol
exceeds 30 mg/100 ml under breath analyzer test then offence
issued to him after his breath analysis
or test taken by alcometer. The said prosecution witnesses were then cross
examined and then the statement ... hospital or
elsewhere, to provide a specimen of breath for a breath test, has refused, omitted
or failed to do so and a police officer
When accused was tested by
alcohometer (Breath analyzer) , accused was found driving under the influence of
alcohol as per breath alcohol analysis report ... breath alcohol analysis reading is above 30 then the test is positive and he
also knows how to conduct the test on breath analyzer
tested by
alcohometer (Breath analyzer) by traffic officials, he was found driving under the
influence of alcohol as per breath alcohol analysis report ... mouth and
PW1 conducted alcohometer test on accused in his presence. PW2 further
deposed that as per breath alcohol analysis report accused was found
Indian Medical Association vs Union Of India & Ors on 12 May, 2011
Equivalent citations
there is no account in the challan as to
how many breath testing pipes were used on that day when a particular number of
violators ... blood beyond which the alcometer also stops belongs to the breath analysis of
some other accused. However, it is clear from the evidence of Prosecution
have identified the liquid as liquor
from the smell of breath of petitioners. Alcoquant test was also
conducted which revealed that there was above 100mg ... made by smell of breath of petitioners. In all the cases Alcoquant
test was also conducted and the test result revealed presence of
liquor
respect to the total accident benefit on the ground that the chemical analysis report disclosed that he had consumed alcohol. It is contended that ... alcohol exceeding 30 mg/100 ml of blood detected in a test of breath analyzer is punishable. The relevant Clause in the policies provides that
test
(a) if it appears to the police officer that the device by means of which
test is carried out in relation to the breath ... hospital or
elsewhere, to provide a specimen of breath for a breath test, has refused, omitted
or failed to do so and a police officer
