All electronic devices, including breath analysers, do not give 100 per cent accurate results and error is bound to occur, a Delhi court has said while setting aside the two-day jail term awarded to man in a drunken driving case.
Additional Sessions Judge Lokesh Kumar Sharma termed as "harsh" the jail term awarded by a magisterial court to 31-year-old Vivek Srivastava for drunken driving and reduced it to till the rising of the court while noting that the quantity of alcohol in his blood was found to be 68.8 mg/100 ml.
"Perusal of the impugned order reflects that the magistrate had not considered the calibration report in respect of breath analyser used in this case, nor he had taken into consideration the margin of error which is bound to occur in an electronic or electrical device as no manufacturer can claim about 100 per cent accuracy in the results.
"Keeping in view the overall facts and circumstances and also keeping in
In his appeal against the order, the convict had pleaded for mercy on the ground that he was the sole bread earner and had to take care of his wife.