The Patna High Court recently said that a breath analyzer report cannot be considered conclusive proof of alcohol consumption. The high court 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. The high court noted that the authorities overlooked the Supreme Court's judgment in Bachubhai Hassanalli Karyani vs the State of Maharashtra, 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. The case involved the arrest of Narendra Kumar Ram, who was arrested on May 2 last year after being allegedly found in an intoxicated state at his temporary residence in Kishanganj.

HC Quahes FIR Against Man Charged Under the Bihar Prohibition and Excise Act

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