High Court Kerala High Court

Sasi vs State Of Kerala on 30 March, 2010

Kerala High Court
Sasi vs State Of Kerala on 30 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 627 of 2010()


1. SASI,S/O.KUNJUMON, AGED 33 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP.BY SUB INSPECTOR
                       ...       Respondent

                For Petitioner  :SRI.NAVEEN THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/03/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ------------------------------------------
            CRL.M.C.NO.627 OF 2010
           ------------------------------------------
            Dated 30th March 2010


                         O R D E R

Petition is filed under Section

482 of Code of Criminal Procedure to quash

the cognizance taken for the offences under

Sections 184 and 185 of Motor Vehicles

Act, on Annexure-A2 final report submitted

by Sub Inspector of Police Udayamperoor

police station, contending that ingredients

of the offence under Sections 184 or 185 of

Motor Vehicles Act are not attracted.

2. Learned counsel appearing for

the petitioner and learned Public

Prosecutor were heard.

3. Case against petitioner in

Annexure-A2 final report is that on

23/12/2009 at about 6.20 p.m, petitioner

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2

was found driving the vehicle, KL-7.Q-

6220, along Puthiyakavu-Kareeckadu road in

a zig-zag manner dangerously. It is alleged

that petitioner was under the influence of

liquor and has committed the offence under

Sections 184 and 185(a) of M.V.Act.

4. Annexure-A3 certificate of

drunkenness issued by Dr.Bejeesh, shows that

petitioner was examined by the doctor at

6.55 p.m on the same day, when he was

produced before the doctor by the police, on

examination doctor found that though

petitioner had consumed alcohol he was not

under its influence. As rightly pointed out

by the learned counsel appearing for the

petitioner, to attract an offence under

Section 185(a) there should be evidence to

prove that petitioner was driving or

Crmc 627/10
3

attempting to drive motor vehicle and at

that time there was alcohol in his blood

exceeding 30 mg per 100 ml of blood,

detected in a test by breach analyser.

Admittedly, no blood test was conducted and

there is no material to show that when

petitioner was driving the vehicle, at the

relevant time, his blood contained alcohol

in excess of 30 mg per 100 ml. In such

circumstances, though he consumed alcohol

when he was not under the influence of

liquor, petitioner cannot be prosecuted for

the offence under Section 185(a) of M.V.Act.

Hence, continuation of the prosecution for

the said offence is only an abuse of process

of the court.

5. But I cannot agree with the

submission that offence under Section 184

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of M.V.Act is not attracted. Under Section

184, whoever drives a motor vehicle at a

speed or in a manner which is dangerous to

the public having regard to all the

circumstances of the case including the

nature, condition and use of the place where

the vehicle is driven and the amount of

traffic which actually is at the time or

which may reasonably be expected to be in

the place is punishable as provided

therein. When the final report shows that

petitioner was driving the vehicle in a zig-

zag manner and that too in a manner likely

to cause danger to the public, it cannot be

said that Section 184 is not attracted.

Hence prosecution for the said offence

cannot be quashed.

           Petition   is  allowed  in    part.

Crmc 627/10
                       5


Cognizance taken on Annexure-A2 final report

taken cognizance in S.T.186/2010 on the file

of Additional Chief Judicial Magistrate,

Ernakulam, to the extent of the offence

under Section 185(a) of M.V.Act is quashed.

But cognizance taken under Section 184 of

M.V.Act is valid and the learned Magistrate

can proceed with the trial for that offence.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.