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Time of India
21-07-2025
- Time of India
Drunken driving cases: Air blank test on breathalyser mandatory, rules Kerala high court
Kochi: Kerala high court has held that it is mandatory to conduct an air blank test on a breathalyser and ensure that the calibration is at 'zero' before taking breath samples in cases. Tired of too many ads? go ad free now The court observed that conducting an air blank test and confirming a reading of '0.000' ensures that the device is not influenced by any residual alcohol from previous tests. Justice V G Arun, who issued the ruling, also directed the state police chief to issue necessary instructions to officers to strictly follow this procedure, noting that many policemen are unaware of the requirement. The bench was considering a petition filed by a Thiruvananthapuram native seeking to quash a case registered against him for rash and negligent driving under the influence of alcohol. The police had intercepted the petitioner on Medical College-Kumarapuram Road at 8.30pm on Dec 30, 2024, and booked him under section 281 (rash driving) of the Bharatiya Nyaya Sanhita (BNS), along with sections 181 (driving under the influence of alcohol) and 181 (driving without a valid licence) of the . According to prosecution, the breathalyser test showed an alcohol level of 41 mg/100 ml, exceeding the permissible limit of 30 mg/100 ml. However, the reading of the air blank test was 412 mg/100 ml. HC noted that an air blank test is essential to check for residual alcohol before taking a person's breath sample. The primary purpose of the test is to ensure that the breathalyser is functioning properly and is not contaminated by previous tests. In this case, since the air blank test result was not '0.000', the court held that there was no acceptable evidence regarding the petitioner's blood alcohol level, and therefore, section 185 of the Motor Vehicles Act (drunken driving) would not be attracted. HC also noted that since the petitioner had a valid licence, section 181 of the Motor Vehicles Act was not applicable. However, the court rejected the challenge to the charge under section 281 of the BNS for rash driving, stating that whether the petitioner rode the scooter in a manner endangering human life is a matter to be decided based on evidence at trial.
New Indian Express
20-07-2025
- New Indian Express
Air Blank Test mandatory before breathalyser use in drunk driving cases: Kerala High Court
KOCHI: Kerala High Court has directed the Director General of Police to issue necessary directions requiring the police officers concerned to ensure that 'Air Blank Test' is conducted and '0.000' reading shown on the instrument before subjecting a person to a breathalyser test for drunken driving. The court said that the primary goal of a blank test is to verify that the breathalyser is functioning correctly and is not influenced by any residual alcohol from previous tests. Therefore, it is mandatory to conduct an Air Blank Test and ensure that the calibration is at 'zero' before taking a breath sample using a breath alcohol testing device. Justice V G Arun issued the order while quashing a case against Saran Kumar S of Thiruvananthapuram. The case was registered on the allegation that the petitioner was found driving his scooter at approximately 8:30 pm on December 30, 2024, on the Medical College-Kumarapuram Road in a rash and negligent manner. The vehicle was intercepted by the police, and on suspicion that the petitioner had consumed alcohol, he was arrested and later released on self-bond after conducting a breathalyser test. The petitioner argued that the printout of the breathalyser test produced along with the final report shows the reading in the blank test conducted, immediately before the petitioner's breath sample was taken, as 412 mg/100 ml. It is submitted that the police were bound to ensure that the calibration of the device showed 'zero' before conducting the breathalyser test. Hence, no sanctity can be attached to the test conducted. The court said that the primary goal of a blank test is to verify that the breathalyser is functioning correctly and is not influenced by any residual alcohol from previous tests. The Directorate General of Civil Aviation (DGCA) has made it mandatory to run an Air Blank Test on the instrument and obtain the reading '0.000' before each breathalyser test.
Time of India
17-07-2025
- Politics
- Time of India
‘Nava Kerala Sadas' speech: Kerala HC stays proceedings against CM Pinarayi Vijayan
Kochi: High court on Thursday stayed for three months the further proceedings in the case alleging that chief minister Pinarayi Vijayan 's 'life saving' speech at Kannur during the Nava Kerala Sadas tour in 2023 amounted to the offence of abetment under Section 109 of IPC. The bench of Justice V G Arun issued the interim order while considering a petition by the chief minister challenging the Ernakulam chief judicial magistrate (CJM) court's order of July 3. The CJM court had held that the alleged speech prima facie contained elements of abetment, observing that it instigated the use of muscle power to suppress protestors. The court also held that cognizance of the offence could be taken only upon production of a sanction for prosecution from the governor. While considering Vijayan's petition, HC observed that there appears to be prima facie substance in the petitioner's contention that the CJM exceeded his jurisdiction by entertaining the complaint, since the alleged incident occurred outside the court's territorial limits. The bench also noted that the contention that the contents of the alleged speech do not attract the offence under Section 109 IPC is a matter requiring serious consideration. HC posted the matter for Oct 14. The case arises from a complaint filed by Ernakulam DCC president Muhamed Shiyas, alleging that a speech delivered by the CM at Kannur on Nov 20, 2023, during the Nava Kerala Sadas tour, amounted to abetment under Section 109 IPC. In the speech, the CM praised bystanders who prevented protestors from coming in front of the moving Nava Kerala Sadas bus, describing their actions as 'life saving.' The complaint alleged that this statement led to brutal attacks on Youth Congress workers who were protesting against the Sadas, accusing the govt of maladministration. The attacks were allegedly carried out by CPM, DYFI and SFI members. Earlier, acting on the CJM's directive, police had submitted a report finding no material against the CM. However, the CJM rejected the report, observing that the speech prima facie amounted to the instigation of criminal offences. In his petition, Pinarayi contended that the CJM, Ernakulam, lacked territorial jurisdiction to entertain the complaint since the alleged incident took place in Kannur. He also submitted that the complaint is politically motivated.
Time of India
23-06-2025
- Time of India
Police have no right to knock on a history-sheeter's doors at odd hours: Kerala HC
Kochi: High court has held that police have no right to knock on the doors of suspected persons or history-sheeters under the guise of surveillance. "Every man's house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours," the court observed. It further stated that the right to life under Article 21 encompasses the right to live with dignity, and dignity is non-negotiable. Justice V G Arun issued the ruling while allowing a petition filed by C Prasath of Mundamveli in Kochi, seeking to quash a case alleging that he obstructed police officers from Thoppumpady police station from discharging their duty. According to police, they knocked on the petitioner's door at 1.30am on April 3 as part of a night check on rowdy history sheeters. Prasath allegedly refused to open the door and also abused and intimidated police. The petitioner, however, stated that he is not a history sheeter and, even otherwise, police have no authority to conduct night-time domicile visits. He also highlighted a history of police harassment, including a false Pocso case in which he was acquitted, and an earlier petition filed against police officers that led to an ongoing inquiry by the home department. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo He contended that the present case was a retaliatory move to derail that inquiry. The public prosecutor submitted that the petitioner's name appears in the rowdy history sheet maintained by Thoppumpady police and that his refusal to step out and his alleged intimidation constituted an offence. However, the court noted that the Police Manual only permits 'informal watching' or 'close watch' of history sheeters — neither of which includes knocking on doors at night. Quashing the case against the petitioner, HC emphasised that knocking on the door of a history sheeter at midnight and demanding that he step out of his house cannot, by any stretch of the imagination, be considered a lawful directive.
India Today
23-05-2025
- Entertainment
- India Today
Kerala High Court refuses to quash cheating case against Manjummel Boys producers
In a development that spells legal trouble for the makers of the blockbuster Malayalam film 'Manjummel Boys', the Kerala High Court declined to quash criminal proceedings in a cheating case filed against them. The court, through a single bench headed by Justice VG Arun, also made it clear that the investigation into the matter may petition was filed by actor and producer Soubin Shahir along with fellow producers Babu Shahir and Shawn Antony, who jointly produced Manjummel Boys under the banner of Parava Films. The court dismissed their plea, paving the way for the case to proceed through the criminal justice case was registered by Kochi Maradu police based on a complaint by Siraj Valiyathara Hameed, a resident of Aroor. Siraj alleged that the producers had assured him a 40 per cent profit share in exchange for an investment of Rs 7 crore towards the production of Manjummel Boys. Despite the film becoming a box-office success, he claimed that he had not received the promised share of the profits. In response, the producers contended that Siraj had failed to remit the agreed investment on time, causing disruptions to the film's shooting schedule and resulting in delays. The complaint was taken up by the police following directions from the Judicial First Class Magistrate Court in in 2024, Manjummel Boys has become the second highest-grossing Malayalam film in history. The court's decision means the allegations surrounding its financing and profit distribution will now continue to be scrutinised by investigating IN THIS STORY#Kerala
