A Wadala resident has moved the Bombay High Court, challenging his prosecution for drunken driving saying proper procedure was not followed in his case.
The plea is slated to come up for hearing before Justice S C Dharmadhikari on Monday.
Nikhil Kisnani (24) has contended that Section 185 of the Motor Vehicles Act, dealing with drunken driving, is a cognisable offence, which requires the traffic police to follow the procedure prescribed in the Criminal Procedure Code.
He claimed the traffic police should have registered an FIR before proceeding against him, and said a two-page chargesheet was filed instead, after he refused to plead guilty.
The opening page declared that he was charged under Section 185 for drunk driving, and was annexed with a printout of the breathalyser.
Kisnani has sought quashing of the pending prosecution against him saying the police should have first registered an FIR, followed by due investigation, and then the filing of the chargesheet.
Kisnani has also objected to the impounding of his driving licence, saying traffic police cannot retain a licence once the offender attends court.
In his case, the licence was impounded after the breathalyser showed alcohol above the prescribed limit. But, the plea says, it has not yet been returned to him though he attended court on January 12, 2009.
On December 26, 2008, the traffic police booked Kisnani under Section 185 after he was found drunk while driving his motorcycle. The breathalyser showed his blood alcohol level at 509 mg / 100 ml – way above the prescribed upper limit of 30 mg / 100 ml. He was let off
with a fine of Rs 2,000, and asked to appear in a special metropolitan magistrate’s court at Dadar.