Smell Not Proof of Intoxication, Says Court

Chandigarh : In a significant judgment, the Chandigarh Court has ruled that the mere smell of alcohol on a person’s breath does not amount to concrete proof of intoxication. The verdict came in a six-year-old case related to drunk driving, where the court acquitted the accused due to the absence of key medical tests such as blood and urine analysis.

The case dates back to 2018, when the accused was stopped by traffic police under suspicion of driving under the influence. The police claimed that he appeared to be drunk as there was a strong smell of alcohol on his breath, and he allegedly seemed unsteady while speaking. However, no blood or urine tests were conducted at the time of arrest to scientifically confirm the presence of alcohol in his system.

During the trial, the defense argued that suspicion and physical observations alone were insufficient to establish intoxication beyond a reasonable doubt. The court agreed, stating that without a medically verified test result, such as a breathalyzer report, blood sample, or urine analysis, the allegations could not be upheld under the law.

The judge observed that a person’s breath may smell of alcohol for reasons unrelated to intoxication, such as mouthwash, medication, or even proximity to alcoholic beverages. The ruling emphasized that law enforcement must follow proper procedures and collect verifiable medical evidence before accusing someone of driving under the influence.

The acquittal in this case sets a precedent for future drunk driving cases where procedural lapses occur. It also serves as a reminder to law enforcement agencies to adhere strictly to due process and not rely solely on subjective judgment or physical cues.

Legal experts praised the judgment as a reaffirmation of the importance of due process and scientific evidence in criminal law. The case also highlights the need for better training and equipment for traffic police to ensure accurate and lawful handling of DUI cases.

With the rising number of drunk driving incidents in India, the ruling serves as both a caution and a guideline for proper legal procedures. The accused, after battling the case for six years, was finally acquitted and relieved of all charges.