Police arrested a person and produce him before the Doctor of a District Government Hospital to substantiate his drunken condition. The Doctor conducted only physical examination such as examining BP, breath test from his own nose, and no chemical or laboratory (blood test/electronic breath analyser) test conducted at that time.
After the above physical examination, the Doctor declares that the person is in under influence of alcohol. On this report of the Doctor, the Police registered the case and put up the Challan before the Magistrate.
I wanted to know whether the findings/report of a Govt. Doctor based on the above examination, is acceptable for filing the case. Is it valid ? Can a Doctor, without conducting any chemical/laboratory/electronic test, may give such findings/report ? What will the position of the accused person in the Court, and what action/plea will be favourable for the accused ?
Kindly suggest your valuable comments and the law-position, in this regard. Thanx