Mere Smell Of Alcohol Without Blood Test Or Breathalyser Cannot Establish Drunken Driving: Uttarakhand High Court
The Uttarakhand High Court has held that the smell of alcohol on the breath of an accused, without a blood test or breathalyser establishing that the alcohol concentration exceeded the statutory limit under the Motor Vehicles Act, 1988, cannot establish drunken driving or justify framing a charge of culpable homicide not amounting to murder under Section 105 of the Bharatiya Nyaya Sanhita, 2023.
Justice Alok Mahra passed the ruling while partly allowing a criminal revision filed against an order of the Sessions Judge framing charges under Sections 105, 125(a), 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023.
The case arose from an accident in which the revisionist, while driving a jeep from Shri Badrinath Ji to Chamoli, allegedly lost control of the vehicle after it overturned, causing injuries to several passengers and the death of one occupant. During the medical examination, doctors noted the smell of alcohol on the revisionist's breath. However, neither a breathalyser test nor a blood test was conducted to determine the alcohol concentration in his blood.
The revisionist argued that under Section 185 of the Motor Vehicles Act, a person can be said to be driving under the influence of alcohol only if the alcohol content in the blood exceeds 30 mg per 100 ml, as established through a breath analyser or other prescribed scientific test. It was further contended that the accident occurred because the vehicle's front tyre burst and not due to rash, negligent or intoxicated driving.
Accepting the contention in part, the High Court noted that the technical inspection report attributed the accident to the bursting of the left front tyre. It also found that the statements of eyewitnesses did not indicate that the revisionist was driving rashly, negligently or under the influence of alcohol.
The Court further observed that although the medical examination recorded the smell of alcohol, no scientific test had been conducted to establish that the alcohol concentration exceeded the statutory threshold under Section 185 of the Motor Vehicles Act.
"…although the medical examination records the smell of alcohol in the breath of the revisionist, no blood sample or any other scientific test was conducted to establish that the alcohol concentration exceeded the statutory limit prescribed under Section 185 of the Motor Vehicles Act, 1988," the Court observed.
Holding that the material collected during investigation did not prima facie disclose the ingredients necessary to frame a charge under Section 105 of the Bharatiya Nyaya Sanhita, the Court set aside the charge under that provision. However, it clarified that the charges under Sections 125(a), 125(b) and 281 of the Bharatiya Nyaya Sanhita would continue to stand.
Case Title: Amar Singh v. State of Uttarakhand
Citation: 2026 LiveLaw (UK) 75