Only breathalyser test not conclusive proof of drinking: Patna High Court

Justice Bibek Chaudhuri of the Patna high court said in his order: “… This court has no other alternative but to hold that the authorities failed to consider the observation of the Hon’ble Supreme Court, and based on a breathalyser report, which cannot be said to be a conclusive proof of consumption of alcohol.”

The court allowed a writ petition filed by Narendra Kumar Ram, a Bihar government employee, who was arrested by Kishanganj Excise police on May 2, 2024 for allegedly consuming alcohol in the dry state.

Referring to the 1971 judgment in Bachubhai Hassanalli Karyani vs. State of Maharashtra, the judge said, “the Supreme Court found that the blood and urine examination of the appellant was not done and finally held that mere smelling of alcohol is not enough to hold that the petitioner consumed alcohol on the date of his apprehension.”

The petitioner’s counsel pleaded before the court that Ram had visited Electro Homeopathy Institute in Patna on 16 April, 2024 to seek treatment for stomach infection. The counsel said he was prescribed liquid homeopathic medicines containing alcohol-based solvent. “This could have led to the blood alcohol concentration reading of 41/mg/100 ml in the breathalyser test, but no further medical examination was conducted to establish the possibility of consumption of alcohol,” the counsel submitted.

The petitioner’s counsel had argued that the top court held that no conclusion with regard to alcohol consumption could be reached based on the facts that the appellant’s breath was smelling of alcohol, unsteady gait, incoherent speech and dilated pupils.

The petition also alleged that the Kishanganj district administration was carrying out “professional vendetta” against Ram who had allegedly returned a financial bill submitted by a senior officer. Placed under suspension for alleged violation of code of conduct by a public servant, Ram moved the high court.

Of the over 6.5 lakh cases lodged by the Bihar Police and Excise Department since the prohibition law came into force in April 2016, over 95% of cases related to liquor consumption.