I am writing this review after reading another review by under_cut on the Hindustan Times newspaper. In the interests
of brevity I have not repeated here what under_cut has written in his review which is also very good..
Since as per press reports, the Delhi Traffic police are
going to make life hell for those who will be enjoying themselves on New Years eve.... Here is some advice from
the man himself .... ROBOCOP....!!!!
a) The cornerstone of our legal system is Article 21 of the Constitution that states nobody can be deprived of life or personal liberty except by PROCEDURE ESTABLISHED BY LAW ....
b) Drunken driving is an offence under section 185 of the Motor Vehicle Act, 1988, and a blood alcohol level in
excess of 30 mg per 100 ml of blood detected by a breath analyser is punishable with Rs. 2000 or 6 months for the
first offence... as per this section....
[ COMMENT] It is impotant to realise here that the breath analyser test can only give an INDICATION of presence
of alcohol in the suspect’s breath, and the accuracy of the alcohol level cannot be determined by this test, and the
extent to which the results of this test are admissible as evidence u/s 203(6) of the MV Act are determined by the
explanation to this section that it is a test for providing an INDICATION of presence of alcohol in a person’s blood.
This so-called alcometre(sic) is not a legally admissible MEASUREMENT system for alcohol blood level.
c) Once a police officer has detected that a person MAY have committed a punishable offence u/s 185 of the MV Act
after detection with a breath analyser he is required as per section 203(3) of the Motor Vehicle ACT to ARREST
the suspect and conduct a laboratory blood test as per section 204 of the Motor Vehicle ACT at a laboratory
established, maintained or recognised by the Central or State Government.
[Comment : As per Article 20 of the Constition nobody may be compelled to give evidence against oneself... so it may
be contended that sections 203 204 and 205 of the MV ACT are ultra-vires of the fundamental rights of the suspect., and in any case if it is the Police case that the suspect is incapable of driving.. surely he must also be incapable of giving consent to a laboratory procedure or even facing trial....]
d) Every body has right to be represented by an advocate, so these kangaroo courts the Police propose to hold
within their premises are ILLEGAL, and the summary trials on drunken suspects who are temporarily incapicated are
illegal.... and the Chief Judicial Magistrate of Delhi should refrain from deputing any magistrates for this purpose. and in any case why are the trials being held at Parliament Street.. aren’t there several established TRAFFIC courts all over Delhi... Also how can the Police have their CHOICE of magistrates ? the procedure is that the Police (who are mere complainants under the CrPC) make a complaint to the Chief Magistrate of Delhi who will forward the complaint to a designated Magistrate AFTER receipt of the complaint for disposal and after giving sufficient time and notice to the defendant to prepare his defence....
e) I agree with under_cut that this whole excercise is nothing but an attempt by the Delhi Police to provide a licence for their low level officers to EXTORT money and harass Delhi-ites on New Years eve...
f) I would suggest to every driver stopped on New Years eve, to request for a summons u/s 208 of the Act to be served on him by the Court... If the police ask for breath test .. to give it.... on then being asked for a lab blood test .. to give in writing ( get an acknowledgement) that since a breath test has INDICATED that there may be some alcohol in one’s breath that as a matter of abundant precaution I cannot give my consent to laboratory blood test being conducted on my person till I am legally capable of giving the same... WITHOUT CONSENT NO MEDICAL LABORATORY should conduct this test.
g) VERY IMPORTANT : The Delhi Police while being authorised under the Delhi Police Act 1978(?) section 60(g)(?) to regulate traffic in delhi, are not authorised to PROSECUTE for these offences... that u/s 123 of the Delhi Motor Vehicles Rules 1993 this is the domain of the STATE TRANSPORT COMMISIONER... I have repeatedly asked the Delhi Police Traffic prosecutors in Open Court to produce their authority u/s this section.. and they have been unable to do so and they have been admonished by the Magistrates concerned.. The entire prosecutions being conducted by the Delhi Police (Traffic) are illegal and I have already
filed a breach of trust complaint against them (punishable with life imprisonment against the DCP Traffic)....
h) DO NOT PAY ANY MONEY TO THE POLICE TO DROP / SETTLE THE CASE... THE MONEYS MAY NOT BE PROPERLY ACCOUNTED FOR.. ALSO THE DELHI POLICE ARE NOT AUTHORISED TO COMPOUND THESE OFFENCES... ONLY PAY FINES TO THE COURTS...