that one or
more specimens of breath for breath test can be taken. The one specimen
breath test was taken by means of alchometer ... says
that the result of breath test shall be admissible in evidence. The breath test
analysis taken u/s 203 (1) MV Act is admissible
that
one or more specimens of breath for breath test can be taken. The
one specimen breath test was taken by means of alcometer ... breath test
Shahnawaz Vs. State - CA No. 382 of 2019 8 of 12
shall be admissible in evidence. The breath test analysis taken
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
Section 185 will
have no application since the obligatory breath analysis test was not
carried out. Finally, it is submitted that the applicant herein
under the influence of alcohol and on a Breath Alcohol
Analysis Test, the alcohol content in his blood was found to be as
high
S.Vijayashankar vs The State Of Tamil Nadu on 4 September, 2019
Equivalent citations: AIRONLINE
contended that no breath analyzer test of the
petitioner had ever been conducted by the police. The alleged
test report does not bear the signature ... petitioner. Hence,
the same cannot be believed to be a bonafide breath analysis
Patna High Court CR. WJC No.3340
blood detected in a test by a breath analyser
or it has to be shown that the person was under the influence of a drug ... intrusive test. The explanation offered by the police for
their failure to conduct a breath test as mandated under the statute cannot be
accepted
under influence of alcohol at the time of testing.
19. In my view, this report cannot be read as if it was certifying the fact ... influence of drunk. No urine test was carried out and though blood was sent for chemical analysis but no report was produced. In the circumstances
suggested lung function test after the same was settled. It is claimed that according to medical science, had such test been done in such condition ... under the OP No. 1 with a history of progressive shortness of breath and palpitation. Patient had refused to consult a Rheumatologist before
