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verma76 (n/a)     23 May 2008

Doctor's Report regarding Intoxication

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


 3 Replies

Prakash Yedhula (Lawyer)     23 May 2008

The case has been launched on prima facie material. The accused can always test the correctness of the doctor's report on cross-examination of the doctor and by bringing out the lacuna in his report. The court would not ipso facto accept the report as it is.
1 Like

Kiran Kumar (Lawyer)     24 May 2008

well the cases r initiated on the basis of prima facie evidence.....well during trial Doc ll be summoned as prosecution witness and will be cross examined too.....u can seek assistance of some medical expert at that occassion or ur counsel may use his medical jurisprudence skills at that time. ur points r valid and must be contested in the court...tell ur friend not to accept the guilt and do contest the matter.....and consult a local lawyer too.

verma76 (n/a)     24 May 2008

Thank you Sir, Is there any case reference in this regard on the very same/like matter? If so, kindly let me know to go further. साभार सहित

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