IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2720 of 2010() ------------------------- STC.1542/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT, MATTANNUR .................... PETITIONER(S): ACCUSED ------------------------------------------ ROBERT P.THOMAS @ LALICHAN, S/O.THOMAS, PAMBLANIYIL HOUSE, PAYAM P.O., EDOOR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KARIKOTTAKARI POLICE STATION, ERNAKULAM. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.2720 of 2010 = = = = = = = = = = = = = = Dated this the 19 th day of July, 2010 ORDER Petitioner, who is the accused in Crime No.71/2010 of Karikottakari Police Station for offences punishable under Sections 184,185 and 190(2) of the Motor Vehicles Act, 1988 and now pending before the J.F.C.M, Mattannur as S.T.C.No.1542/2010 seeks to quash the proceedings against him. 2. With regard to the offence punishable under Section 185 of the Motor Vehicles Act, the said offence will be prima facie made out only if the driver of the motor vehicle:- (a) has in his blood alcohol exceeding 30 mg. per 100 ml of blood detected in a test by a breath analyzer or (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. 3. Eventhough a breath analyzer test was conducted, Annexure A1 report says that the breath analyzer test showed positive result which is insufficient to bring home the offence punishable under Section 185 of the Act. The only other test conducted was medical examination. Annexure III Drunkenness Crl. M.C. No. 2720 of 2010 2 Certificate issued by the Doctor clearly says that eventhough the petitioner had consumed alcohol he was not under the influence of alcohol. If so, both the alternative ingredients of Section 185 of the Act are not satisfied. Therefore Annexure I FIR and Annexure II charge sheet as also S.T.C.No.1542/2010 refered to above so far as they relate to Section 185 of the Motor Vehicles Act shall stand quashed. Prosecution for the remaining offences shall, however, continue. This Crl.M.C is partly allowed as above. Dated this the 19th day of July, 2010. V. RAMKUMAR, JUDGE sj