Kochi: The Kerala High Court has directed the Director General of Police to ensure that an Air Blank Test is conducted and the breathalyser is calibrated to zero before testing individuals for alcohol consumption.

Justice VG Arun emphasised that the Air Blank Test is essential to confirm there’s no residual alcohol from previous tests, ensuring the device’s accuracy.

The ruling came while partially allowing a plea to quash criminal proceedings against a man accused of drunk driving. The petitioner argued that the breathalyser test was delayed, not properly calibrated, and conducted without a medical examination within the mandated two-hour window.

The court quashed charges under Sections 185, 3(1), and 181 of the Motor Vehicles Act, noting the petitioner held a valid license and that no reliable evidence of intoxication was presented. However, it allowed proceedings under Section 281 of the Bharatiya Nyaya Sanhita (BNS) to continue.

ADVERTISEMENT

The Public Prosecutor was instructed to forward a copy of the order to the DGP.
(With LiveLaw inputs)

TAGS

Google News Add as a preferred source on Google
The comments posted here/below/in the given space are not on behalf of Onmanorama. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.