Patna: The Patna High Court has ruled that a breath analyzer report alone cannot be considered conclusive proof for prosecuting a person under Bihar’s prohibition law. The court stated that such reports do not provide definitive evidence of alcohol consumption and cannot solely form the basis for an FIR.
A single bench of Justice Bibek Choudhary delivered the verdict while allowing the criminal writ petition of Narendra Kumar Ram. The court quashed the FIR (case number 559/2024) registered against the petitioner at Kishanganj Excise Police Station last year.
The court emphasized that a breath analyzer report must be corroborated by additional evidence, such as a blood or urine test confirming the presence of alcohol, or documented abnormal behavior like slurred speech or bulging eyes. It cited legal precedents, stating that the mere presence of alcohol traces in breath does not conclusively establish that a person has consumed liquor, unless supported by further medical or behavioral proof.
During the hearing, advocate Shivesh Sinha, representing the petitioner, argued that his client had been undergoing homeopathic treatment for a stomach infection, which led to alcohol detection in the breath analyzer test. Excise officials registered an FIR without conducting blood or urine tests and without recording any abnormal behavior.
Taking these factors into account, the court ruled that a breath analyzer test alone is insufficient for prosecution under the prohibition law and reiterated the necessity of corroborative evidence in such cases.
