Observing that an error in alchometer or any electronic or electrical devices cannot be ruled out, a Delhi court has reduced the two-day jail term of a man in a drunk driving case till rising of the court.
A Metropolitan Magistrate court had sentenced Vikas Srivastava to two days in jail after he was caught driving his vehicle under the influence of alcohol. When tested by a breath analyzer, the alcohol content in his blood was found to be 68.8 mg per 100 ml of blood, over twice the permissible limit.
In his appeal, Mr. Srivstava pleaded for a lenient punishment citing his young age and that he is the sole breadwinner for his family. Allowing his plea, Special Judge Lokesh Kumar Sharma said: “Perusal of the impugned order... reflects that the MM had not considered the calibration report in respect of the breath analyzer used in this case, nor had he taken into consideration the margin of error which is bound to occur in an electronic or electrical device as no manufacturer can claim 100% accuracy in the results.’’
“Keeping in view the overall facts and circumstances and also other cases where the content of alcohol found in the body of the other violators had ranged between 300 to 500 mg/100 ml, I am of the view that the sentence of simple imprisonment as awarded by the MM for two days was a bit on a higher and harsher side. Hence, keeping in view the overall facts and circumstances, the said sentence is reduced to simple imprisonment till rising of the court,’’ the Judge ordered.
Another court had in February this year made similar observations while acquitting a man in a drunk driving case. The Magistrate court had senetenced him to six days in jail.
“It is a matter of common knowledge that every electronic device, be it an alcohometer or a glucometer, does not give 100% accurate reading/result. The margin of error varying from 10 to 20% is bound to occur and hence 100% accuracy cannot be procured from such devices,’’ the Judge had observed, acquitting him.