Case Note & Summary
The matter arose from a writ petition filed before the Bombay High Court under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by a 25-year-old student seeking quashment of an FIR registered against him for driving under the influence of alcohol. The petitioner, who was scheduled to pursue postgraduate studies in the Netherlands, was intercepted while driving his motor car in the early hours of 6 June 2026. A breath alcohol intoxication test using an Alcovisor Jupiter X analyser recorded his blood alcohol concentration (BAC) at 30.01 mg/100 ml, which was 0.01 mg above the 30 mg/100 ml statutory limit prescribed under Section 185 of the Motor Vehicles Act, 1988. Based on this reading alone, an FIR was registered for offences under Sections 281 and 125 of the Bharatiya Nyaya Sanhita, 2023, and Section 185 of the Motor Vehicles Act, 1988. The petitioner challenged the FIR contending that the marginal excess was scientifically unreliable due to the instrument’s operational tolerance margin, that no other signs of intoxication were observed, and no confirmatory blood or urine test was conducted. He further submitted that he had no criminal antecedents and that subjecting him to trial would jeopardise his education and amount to an abuse of the court’s process. The respondent State maintained that the breath analyser reading alone established the offence. The court examined the record and found that apart from the borderline BAC, there were no allegations of unsteady gait, incoherent speech, dilated pupils, or any other indicia of intoxication. The manufacturer’s specifications for the Alcovisor Jupiter X showed an accuracy range of ±5% to ±8%. Applying the minimum tolerance of ±5% to the recorded value yielded an adjusted true BAC of 28.59 mg/100 ml, which fell below the limit. The court invoked the maxim ‘de minimis non curat lex’ codified in Section 33 of the Bharatiya Nyaya Sanhita, 2023, holding that the law does not concern itself with trifles and that a 0.1 mg excess was a mechanical trifle. It also placed reliance on the Supreme Court’s decision in Bachubhai Hassanalli Karyani v. State of Maharashtra, where similar deficiencies in evidence were held insufficient to prove intoxication. Observing that the prosecution was entirely dependent on a reading consumed by the device’s tolerance window and that there was no material to support the charges of rash or negligent driving, the court concluded that continuance of the criminal proceeding would be an abuse of the process of court, warranting the exercise of inherent powers. Accordingly, the petition was allowed, the impugned FIR was quashed and set aside, and the rule was made absolute with no order as to costs.
Headnote
A) Criminal Procedure - Quashing of FIR - Abuse of Process - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 - Where the prosecution for drink driving is based solely on a borderline blood alcohol concentration (BAC) reading that falls within the operational tolerance margin of the breath analyser, and there is no other evidence of intoxication such as unsteady gait, incoherent speech, or dilated pupils, continuing the criminal proceeding would amount to an abuse of the process of court. Held that the FIR is liable to be quashed to prevent abuse of process and secure the ends of justice. (Paras 10, 18-21) B) Evidence - Breath Alcohol Analyser - Operational Tolerance Margin - Motor Vehicles Act, 1988, Section 185 - The make-model of the breath analyser used (Alcovisor Jupiter X) has an accuracy specification of ±5% to ±8% depending on the alcohol concentration range. Applying the minimum ±5% tolerance to the recorded value of 30.01 mg/100 ml yields an adjusted true value of 28.59 mg/100 ml, which is below the statutory limit of 30 mg/100 ml. Held that the certainty required to sustain a criminal charge is consumed by the device’s native tolerance window. (Paras 12-15, 18) C) Criminal Law - De Minimis Non Curat Lex - Trifling Excess - Bharatiya Nyaya Sanhita, 2023, Section 33 - The statutory limit for blood alcohol concentration under Section 185 of the MV Act is 30 mg/100 ml. The petitioner’s reading exceeded this limit by only 0.1 mg/100 ml, a trivial margin. The legal maxim ‘de minimis non curat lex’ codified in Section 33 BNS applies, as the law does not concern itself with trifles. Forcing a student with no criminal antecedents to face a multi-year trial over such a mechanical trifle would amount to an abuse of the judicial process. Held that the FIR deserves to be quashed. (Paras 19, 22) D) Motor Vehicles - Drunk Driving - Proof of Intoxication - Motor Vehicles Act, 1988, Section 185; Bharatiya Nyaya Sanhita, 2023, Sections 281, 125 - To establish the offence of driving under the influence, the prosecution must show actual intoxication or incapacity to drive. In this case, there were no allegations that the petitioner’s gait was unsteady, his speech incoherent, or his pupils dilated. No blood or urine test was conducted. The Supreme Court in Bachubhai Hassanalli Karyani v. State of Maharashtra held that similar deficiencies in evidence cannot lead to a definite finding of drunkenness. Held that the absence of such evidence, combined with the borderline BAC, renders the charges unsustainable. (Paras 10-11, 16-17)
Issue of Consideration
Whether the FIR for offences under Sections 281 and 125 BNS and Section 185 MV Act should be quashed when the recorded blood alcohol concentration (30.1 mg/100 ml) exceeded the statutory limit (30 mg/100 ml) by a marginal 0.1 mg, falling within the operational tolerance margin of the breath analyser, and there was no other evidence of intoxication, making the prosecution an abuse of process.
Final Decision
Petition allowed; impugned FIR No. 740 of 2026 quashed and set aside; Rule made absolute with no order as to costs.
Law Points
- De minimis non curat lex
- operational tolerance margin of breath alcohol analyser
- abuse of process of law
- quashing of FIR under Section 528 BNSS
- ingredients of rash driving not established
- absence of other signs of intoxication
