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
offending vehicle was directed to come for breath analysis and at
Chirag Delhi chowk, the breath analysis test of accused was conducted ... drive a Motor Vehicle.
B) He must be tested by breath analyzer.
C) After breath analyzer test, accused was
found to have more than
alcohol at the time of examination.
Evidently, there was no breath analysis test conducted by the
prosecution. This Court in Sagimon alias Prakash v .State ... detected by
a breath analyser. In the absence of any specific evidence to
establish this by conducting breath analysis test, it was held that
prosecution
speech do not prove drunkenness. It was held
that blood and urine test reports are must to prove drunkenness.
14. In Rajavalse M. v. State ... sufficient
to hold that deceased contributed to the accident when no breath
analysis test was done and no evidence of detection of quantity
of alcohol
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
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Thereafter, Breath Analysis Test was conducted upon the accused and as per
report, the quantity of alcohol ... coming from the
mouth of the accused. On being checked by Breath Analyzer the content of
alcohol was found
alcohol was coming from the mouth of the accused.
Thereafter, Breath Analysis Test was conducted upon the accused and as per
report the quantity
alcohol was coming from the mouth of the accused. Thereafter, Breath
Alcohol Analysis Test was conducted upon the accused and as per report ... coming from the mouth of the accused. Thereafter, he conducted
Breath Analysis Test upon the accused.The content of alcohol in blood was
found
alcohol was
coming from the mouth of the accused. Thereafter, Breath Analysis Test was
conducted upon the accused and as per report the quantity
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