petitioner is that, absolutely no documents were produced along with the final report indicating level of intoxication of the petitioner. By referring to Annexure A4 breath analyzer test which forms part of the Annexure A2 final report, it was contended that the aforesaid test report pertains to one Anilkumar who is a different person. The time of examination mentioned therein is on 20.40 hrs. on 31.07.2019, whereas going by Annexure A1 FIR, it was registered at 21.25 hrs, on the same day. On going through aforesaid Annexure A4 document, it can be seen that the same is not at all pertaining to the petitioner. Even though the learned Public Prosecutor was instructed to get a further report from the Police as to whether there were any documents evidencing the level of intoxication of the petitioner, it was pointed out by the learned Public Prosecutor that no such document is available. As per Section 185 of Motor Vehicles Act, conduct of a test through breath analyzer is mandatory for constituting the offence under the said provision. In this case even though Annexure A4 is produced along with the final report, the same is not the test result of the petitioner.
