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Adv. Vikas Surve (Practicing Advocate)     23 April 2011

Sec 185 of Moter Vehicle Act

Dear all,


How do you deal with the cases of section 185 of Motor Vehicle Act (drunk and drive case) in your court. Please tell the complete procedure in detail. Thanks



Learning

 3 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     24 April 2011

The clinical test must proof that he is drunken.

Sarvesh Kumar Sharma Advocate (Advocacy)     24 April 2011

what is the observation of doctor will depend on this case!

Jaylal Jaisingh Bisukarma @ B. (LAWYER /ADVOCATE)     04 June 2011

Hello vivek Section 185 of M.V. Act is a summary trial and in mumbai this cases are under the jurisdicition of Special M.M. i.e morning court magistrate. Mostly the accused is implicated by the R.T.O officer on the bases of breath test of alcohal. and somes times the officer sent them for medical check up in the public/govt hospital for further test only after confirmation of the breath test. Later on the docator who observes the accused normally gives report on the nature of accused, his eye movement and his capability to handle the things and to stand....etc... but the most important thing for conviction or acquital depends on the percentage of alchol found in the blood of accused that is as per the provision of M.V. Act (Pls see the details). one more thing here is that there is no panchnama or statement u/s. 161 of Cr.P.C. it being the summary trial..... i hope i had answer your query. if still problem pls contact me.

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