By Maxwell Pereira
ON A fresh "drunken driving" challan filed before his court, Metropolitan Magistrate Shri Gurvinderpal Singh was not convinced of the validity of the prosecution. He questioned the legal sanctity behind the "breath analyser" used by the Delhi Traffic Police, to claim and substantiate the "drunkenness" of the accused. The use of the New "alcometer" acquired by the police in 2000 at great expense, was construed by him as not sufficient compliance of the mandatory provisions in the Motor Vehicle Act (MVA) prescribed for the test to measure the alcohol content to be exceeding 30 mg per 100 ml in the alleged offender's blood.
This challenge from the court trying traffic offences came at a time when the Traffic Police had gone and invested lately in 20 more "alcometers" of the same type, at colossal public expense. The court desired DCP Traffic to report in the matter and justify the use and authenticity of the "alcometer". The magistrate specifically wanted to know whether there is any "requirement of law" to validate the use of the "instrument". In other words, in the absence of medical certificate from a hospital, the report of the police merely on the basis of an "alcometer" reading, can be suspect.
- Court questions the legal sanctity behind breath analyser
- In the absence of a medical certificate from a hospital, the report of the police merely on the basis of an 'alcometer' reading, can be suspect
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As per the provisions of section 185 MVA, a police officer is empowered to challan a person driving any vehicle who is under influence of alcohol with alcohol content in excess of 30 mg per 100 ml of blood detected in a test conducted by a breath analyser.
And a person who is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. The offence is punishable with imprisonment upto six months and or fine upto Rs. 2,000 with with provision for enhanced punishment for repeating the offence with three years of the first conviction.
Section, 202 MVA confers powers with the police to arrest without warrant, persons committing offences such as drunken driving, dangerous driving, taking vehicle without authority, and such person who after committing an offence punishable under the MVA refusers to give his name and address etc. - with the provision that any person so arrested in connection with an offence under section 185 (drunken driving) shall, within two hours of his arrest, be subjected to a medical examination referred to in section 203 and 204 MVA by a medical practitioner; failing which he shall be released from custody.
Section 203 empowers the police to require any person a motor vehicle in a public place to submit to a breath test, and if the presence of alcohol is found in his blood or urine, the individual many be arrested without a warrant. And section 204 lays down the procedure to be followed by the police for the laboratory test of the blood and urine in suspected cases of drunken driving. So the requirement of a medical examination here can be seen, is linked to the arrest.
The Union Ministry of Surface Transport by its Standing Order No. 442 (E) of 12th June 1989 had approved four types of devices (referred as breath analysers) for the purpose of obtaining an indication of the persence of alcohol in a person's blood by means of a test carried out, on one or more specimens of breath provided by that person, for the test. And among these four devices, is also the breath-analyser termed as "An evidential digital instrument when oxidated with the breat containing alcohol emits an electric signal, which is amplifed and displayed as blood alcohol concentration". The latest 'alcometer' used by the Delhi Traffic Police, is one such 'digital instrument' - breath analyser.
On the DCP - Traffic's report to the Court explaining the legal position accordingly, and the fact that 'alometers' are used the world over the checking blood alcohol, the magistrate was more than satisfied. He disposed off the drunken driving case filed before him, convicting the offender and imposing on him the prescribed fine.
© copyright : Maxwell Pereira
Courtesy Mid Day, dated June 19, 2002
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