Patna HC Quashes FIR: Breath Analyzer Report Is Not Conclusive Proof Of Alcohol Consumption

Patna High Court quashes the First Information Report (FIR) filed against the petitioner accused under the Bihar Prohibition and Excise Act, 2016), reiterating that the breath analyzer report cannot be considered conclusive evidence of alcohol consumption.

The court referred to the earlier ruling Bachubai Hassanalli Karyani v. State of Maharashtra which held that signs like the smell of alcohol on someone’s breath, unsteady movement, slurred speech or dilated pupils are not enough to prove that the person has consumed alcohol.

Upon reviewing the evidence, the high court ruled that the breath analyzer report alone was insufficient to prosecute the petitioner and quashed the FIR by granting relief to the petitioner.