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
found smelling of alcohol and he was
subjected to Breath Alcohol Analysis Test and the Alcohol
content in the blood of appellant was found
found smelling of alcohol and he
was subjected to Breath Alcohol Analysis Test and the Alcohol
content in the blood of appellant was found
vehicle, in a public place, to provide specimen of his
breath for breath test. This section envisages another fact
::: Downloaded on - 15/04/2017 ... part of a person to either give
specimen of his breath for breath test or blood for a
laboratory test, leads to a presumption
unreliable breath analysis report and
certificate of fitness not attached with the challan
The ld. Counsel further vehemently argued that the breath analysis report ... drunken
driving is the breath test as provided under Section 203 and the blood test is only
when the breath test could not be conducted
record which is exhibited as Ex.PW1/B
and the breath test report/ slip which is exhibited as Ex PW1/A.
(iii) Brief ... enclosed the breath analysis report depicting zero mg and he did not get the blood
test conducted of the accused. PW2 also deposed that
laboratory
test if - - - -
(a) it appears to the police officer that,
the device, by means of which
breath test was taken in relation to
such ... breath
test, has refused, omitted or failed
to do so:
PROVIDED........
EXPLANATION:
For the purposes of this section
"laboratory test" means the analysis
signatures at point B. He deposed that he also prepared the breath analysis report
Ex.PW2/A and also impounded the vehicle vide ... 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
Devidas Ramachandra Tuljapurkar vs State Of Maharashtra . on 14 May, 2015
Author: Dipak Misra
Bench
document show that blood of accused was sent to FSL for analysis
test. Ex.P12 does not say the quantum of alcohol contained ... blood which can be detected in a test by breath
analyzer. Though Ex.P2 shows that accused had 72 mg of alcohol
