Breath analyser test not conclusive proof of alcohol consumption: Patna HC

The Patna High Court recently reaffirmed that a breath analyser report cannot be considered conclusive proof of alcohol consumption.

A bench of Justice Bibek Chaudhuri made the observation while quashing a First Information Report (FIR) against an individual charged under the Bihar Prohibition and Excise Act, 2016, as per a Bar and Bench report.

SC ruling overlooked

The court noted that the authorities overlooked a Supreme Court verdict in which it was held that factors such as the smell of alcohol on a person’s breath, an unsteady gait, incoherent speech, and dilated pupils are insufficient to conclusively establish alcohol consumption, said the report.

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“Having heard the learned counsel for the petitioner and the state and taking into consideration the entire materials placed on record, 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 breath analyser report, which cannot be said to be a conclusive proof of consumption of alcohol, FIR has been registered,” the court said.

The case involved one Narendra Kumar Ram who was arrested on May 2, 2024, after being allegedly found in an intoxicated state at his temporary residence in Kishanganj.

A breath analyser test conducted by an excise team showed an alcohol concentration of 41 mg/100 ml, leading to his arrest and the registration of FIR under Section 37 of the Bihar Prohibition and Excise Act, 2016.

No other test conducted

Subsequently, he moved the High Court seeking quashing of the case. He argued that the prosecution’s case relied solely on the breath analyser test which does not constitute conclusive proof of alcohol consumption. He contended that no confirmatory blood or urine test was conducted, despite such tests being mandatory under law.

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He further stated that he had visited an Electro Homeopathy Institute on April 16, 2024, for stomach treatment and had been prescribed homeopathic medicine containing an alcohol-based solvent, which could have led to the breath analyser reading. On the other hand, the authorities maintained that the petitioner was found in an inebriated condition and the breath analyser test confirmed alcohol consumption.

However, after examining the arguments, the Patna High Court observed that breath analyser report alone was not sufficient evidence to prosecute the petitioner. Accordingly, the FIR was quashed, and the writ petition was allowed.