The Uttarakhand high court has held a driver cannot be presumed to be under the influence of alcohol merely on the basis of smell of liquor without scientific proof.
Justice Alok Mahra said unless a blood or breath test establishes that the driver’s alcohol level exceeded the legally prescribed limit of 30 mg per 100 ml of blood, it cannot be proved that the vehicle was driven under the influence of alcohol.
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In 2016, a road accident at SIIDCUL Chowk, Rudrapur resulted in the death of 39-year-old cyclist Jai Kishore Mishra.
He was employed with Neem Metal Products Limited, Pantnagar, and earned Rs 35,000 monthly.
His wife, children and parents claimed a compensation of Rs 75 lakh.
