Arham Jain
The Patna High Court reaffirmed that the results of a breathalyzer test cannot be used as proof of alcohol use. A First Information Report (FIR) against the petitioner, who was charged under the Bihar Prohibition and Excise Act of 2016, was dismissed by the court.
The Court cited the Supreme Court’s previous decision in Bachubhai Hassanalli Karyani v. State of Maharashtra (1971) 3 SCC 930, which held that indicators like dilated pupils, slurred speech, unsteady movement, or the smell of alcohol on someone’s breath are insufficient to prove someone has consumed alcohol.
Hon’ble Justice Bibek Chaudhuri stated that “Having heard the learned counsel for the petitioner and the State and taking into consideration the entire materials placed on record, this Court has no other alternative but to hold that the authorities failed to consider the observation of the Hon’ble Supreme Court, and based on breath analyzer report, which cannot be said to be a conclusive proof of consumption of alcohol, FIR has been registered.”
Before the Court, the lawyer for the petitioner said that Ram had gone to the Electro Homeopathy Institute in Patna on April 16, 2024, to get treatment for a stomach ailment. According to the attorney, he was given prescriptions for liquid homeopathic medications that contained an alcohol-based solvent. The attorney argued that no additional medical examination was carried out to determine the potential of alcohol use, even though this may have resulted in a blood alcohol content value of 41/mg/100 ml in the breathalyzer test.
On the basis of the appellant’s drunken breath, unsteady walk, absurd speech, and blurred vision, the petitioner’s attorney had contended that the High court had determined that no inference regarding alcohol intake could be drawn.
The High Court decided that the breath analyzer information was not enough to bring charges against the petitioner after considering the arguments and supporting documentation. The Supreme Court granted the petitioner relief by admitting his writ petition and quashing the FIR in light of its findings.
Case Name– Narendra Kumar Ram v. The State of Bihar & Ors.
Case Number: Criminal Writ Petition 1430/2024
Bench– Hon’ble Mr. Justice Bibek Chaudhuri