Breathalyser Test Alone Not Enough For Conviction: Patna High Court

The Patna High Court set aside the conviction of Manoj Murmu under the Bihar Prohibition and Excise Act, 2016, ruling that a mere breathalyser test without blood or urine analysis cannot establish guilt beyond a reasonable doubt.

The accused had been sentenced to one year of simple imprisonment under Section 37 of the Act.

Justice Alok Kumar Pandey flagged major lapses in the investigation, including the informant doubling as the investigating officer, lack of proper training to use the device, no identification marks on the machine, and contradictory witness statements.

The Court acquitted Murmu, citing the denial of a fair investigation

[Manoj Murmu v The State of Bihar]