Kerala High Court: Breathalyzer Test Results Admissible Only If Original Print From Equipment Immediately After Test Is Produced

The Kerala High Court has held that results of the breathalyzer test made admissible by Section 203(6) can only be for the original print taken from the equipment immediately after the test.

The Court was considering a Criminal Miscellaneous Petition seeking quashing of offences under Section 279 of the Indian Penal Code and Section 185 of the Motor Vehicles Act, 2019.

The single bench of Justice V.G. Arun held, "In the case at hand, the print out of the test is not produced. Instead, a typewritten copy prepared by the police is submitted along with the final report. As contended, no evidentiary value can be attached to the type written report. The results of the breathalyzer test made admissible by Section 203(6) can only be for the original print taken from the equipment immediately after the test."

The Petitioner was represented by Advocate T.V. Jayakumar Namboodiri while the Respondent was represented by Public Prosecutor M.C. Ashi.

Facts of the Case

The Petitioner was accused of the offences under Section 279 of the Indian Penal Code and Section 185 of the Motor Vehicles Act, 2019. The Petitioner was found driving his motorbike dangerously after consuming alcohol. In order to prove that the Petitioner had driven the Vehicle after consuming alcohol, report of the breathalyzer test conducted was the only piece of evidence. The challenge in the Petition was that the report of the breathalyzer test produced is of a typewritten document and is hence, of no evidentiary value.

Counsel for the Petitioner contended that as per Section 202 of the Motor Vehicles Act, a person arrested in connection with an offence under Section 185 should be subjected to medical examination within two hours of his arrest. It was further contended that even though Section 203 provides for conduct of a breath test by the police officer, the result of that test can be accepted in evidence only if the print out of the test taken contemporaneously is produced, with the requisite certification.

Reference was made to Circular issued by the Director General of Police to point out that it was mandatory to conduct the breathalyzer test properly and obtain a printed copy of the test result and produce the same in court along with the charge sheet so as to sustain the charge. It was contended that no such test result was produced in the Petitioner’s case and all that was available was a typed copy prepared by the police.

Reasoning By Court

The Court noted that it is mandatory to subject a person arrested in connection with the offence under Section 185 of the Motor Vehicles Act to medical test by a registered medical practitioner within two hours of his arrest

"As per Sub-Section (6) of Section 203, the results of a breathalyzer test is admissible in evidence. But for that, the test should be conducted immediately, and if the accused refuses to undergo the test, after his arrest, within two hours, and the print out received from the equipment produced in court along with the charge sheet," the Court observed.

The Court stated that the rule was not followed in the present case and quashed the offence against the Petitioner.

Cause Title: Dhanesh M. vs. State of Kerala (2025:KER:13915)

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