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Kerala High Court
K.P. Santhosh Kumar vs S.I. Of Police on 11 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 924 of 2008()


1. K.P. SANTHOSH KUMAR,
                      ...  Petitioner

                        Vs



1. S.I. OF POLICE,
                       ...       Respondent

2. THE STATE OF KERALA,

                For Petitioner  :SMT.K.V.RESHMI

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :11/03/2008

 O R D E R
                            V.RAMKUMAR,J.
               =========================
                 CRL.M.C. NO.924 OF 2008
               =========================
             Dated this the 11th day of March 2008

                         JUDGMENT

The petitioner, who is the accused in Crime

No.6354/2006 of City Traffic Police Station, Edappalli and

now pending as S.T.2056/2007 on the file of the JFCM II,

Aluva for offences punishable under Sections 184 and

185 of the Motor Vehicles Act 1988, seeks to quash the

final report as well as the aforesaid case, so far as they

relate to the offence punishable under Section 185 of the

Motor Vehicles Act.

2. According to the prosecution on 9.12.2006, the

petitioner, under the influence of alcohol, drove his

motor cycle bearing Reg.No.KL-7/AY 748 in a rash and

negligent manner endangering human life and he was

nabbed by the public and the petitioner has thereby

committed offences punishable under Sections 184 and

185 of the Motor Vehicles Act.

3. In order to substantiate the charge under

Section 185 of the Motor Vehicles Act, the prosecution

CRL.M.C.924/2008 2

will have to prove that the accused person, while driving

the vehicle in question, was having in his blood alcohol

exceeding 30 mg. per 100 ml. detected in a test by a

breath analyzer or was under the influence of a drug to

such an extent as to be incapable of exercising proper

control over the vehicle. The prosecution has no case

that the petitioner was under the influence of a drug

falling under clause (b) of Section 185 of the Motor

Vehicles Act. The prosecution relies on clause (a) of the

said section to bring home the guilt of the petitioner. The

certificate of drunkenness produced along with the

complaint only shows that the petitioner consumed

alcohol but was not under its influence. Admittedly the

petitioner has not been subjected to a breath analyzer

test to ascertain the fact that he was in a drunken state

within the meaning of 185 of the Motor Vehicles Act.

Without subjecting the petitioner to a breath analyzer

test, the prosecution cannot sustain the charge for the

CRL.M.C.924/2008 3

offence under Section 185 of the Motor Vehicles Act.

{See Shibu v State of Kerala (2006(4) KLT 747) as also

the decision dated 2.1.2008 in Crl.M.C.3813/2007}.

Accordingly, S.T.2056/2007 on the file of the JFCM II,

Aluva, so far as it relates to the offence punishable under

Section 185 of the Motor Vehicles Act, is hereby

quashed. The prosecution of the petitioner for the

offence punishable under Section 184 of the Motor

Vehicles Act will however, continue.

Crl.M.C. is allowed as above.

V.RAMKUMAR, JUDGE

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