Breathalyzer printout admissible to prove drunken driving, not typewritten police copy: Kerala HC

Kochi: The Kerala High Court has ruled that the original printout from a breathalyzer machine is admissible as evidence to establish drunken driving under the Motor Vehicles Act. A typewritten copy prepared by the police after the test is not admissible as evidence in court, the court clarified.

Justice VG Arun issued the ruling while considering a petition seeking to quash proceedings against a motorcyclist accused of drunken driving. The petitioner was charged under Section 279 (rash driving) of the Indian Penal Code and Section 185 (driving under the influence of alcohol or drugs) of the Motor Vehicles Act.

The petitioner argued that the breath test result conducted under Section 203 of the Motor Vehicles Act is admissible in evidence only if the original printout generated at the time of the test and duly certified is produced. He also pointed out that, under Section 185, a medical test must be conducted within two hours of the arrest if drunken driving is suspected.

The petitioner cited a circular issued by the Director General of Police, which mandates proper conduct of breathalyzer tests and submission of the original printed test result in court as evidence. Since only a typewritten copy of the test result was produced, the petitioner contended that the evidence lacked legal validity.

The court noted that the police had only submitted a typewritten report and not the original printout from the breathalyzer machine. “As per Sub-Section (6) of Section 203, the result of a breathalyzer test is admissible in evidence. However, the test should be conducted immediately, and the original printout from the equipment must be produced in court along with the charge sheet,” the court stated. In light of the absence of the original printout, the court quashed the proceedings against the petitioner.