Prior to 14th of November 1994, a person was driving or attempting to drive a motor vehicle with howsoever small quantity of alcohol in his blood was guilty of an offence u/s.185. However, by reason of an amendment made in section 185 by Act 54 of 1994 w.e.f. 14/11/1994 a person is not guilty of an offence under section 185 of the Motor Vehicles Act unless the quantity of alcohol in his blood exceeds 30 mg per 100 ml of blood detected in a test by breath analyser. Thus a person having driving or attempting to drive a motor vehicle even after consuming alcohol is not guilty of an offence u/s.185 of the Motor Vehicles Act unless the quantity of alcohol in his blood, as tested by a breath analyser, exceeds 30 mg per 100 ml of blood. Presence of 30 mg or more of alcohol per 100 ml of blood is an essential requirement of an offence under clause (a) of section 185 of the Motor Vehicles Act. In the accusation which was explained by the Magistrate to the accused it was not stated that the accusation against him was that he was accused of having 30 mg or more of alcohol per 100 ml in his blood while he was driving the motor vehicle. The essential ingredient of the offence that the applicant had 30 mg or more of alcohol per 100 ml in his blood was not at all stated to the applicant and was not explained to him. It is possible that accused had consumed some alcohol which would not have raised level of alcohol in his blood to less than 30 mg per 100 ml of blood. But under a belief that presence of even a smallest amount of alcohol in the blood while driving a motor vehicle is an offence, the accused might have pleaded guilty without knowing that presence of 30 mg of alcohol or more per 100 ml in the blood is an essential ingredient of an offence u/s.185 of the Motor Vehicles Act. In my view, therefore, the particulars of the offence of which he was
