Jail For Drink Drive

Be Aware Drunken Drivers! You will be arrested on Highways as State Police has decided to implement the Supreme Court of India Directive.

To start with, it has been ordered to enforce checking of drunken driving at 14 toll gates  near Sheragarh, Panikoili, Dhenkikote, Palaspanga, Ramachandrapur, Pipili, Masunikani, Rajgangpur, Tapanga, Langaleswar, Sasan, Attabira, Balichandrapur, Manguli) from 6 September evening by using breath analysers so as to arrest and prosecute the offenders.
Director General of Police BK Sharma has issued elaborate circular defining modalities of enforcement against drunken driving.
Apex Court has constituted a “Committee on Road Safety” under the Chairmanship of Justice K S Radhakrishnan to monitor all road safety activities taken up by the States.
The Committee has directed the State of Odisha to reduce road accident fatality by 10% every year.
Drunken driving is held to be one of the major factors responsible for most of the fatal as well as grievous road accident cases. Committee has categorically directed to prosecute offenders so as to convict them by imprisonment and/or imposition of fine as prescribed u/s 185 of the MV Act, 1988.
In compliance to the direction of the Committee, Department of Home had directed police to invoke legal provisions contemplated u/s 202 and Sec. 203 of MV Act, to contain drunken driving including arrest of offenders indulging in drunkendriving.
While initiating action as aforesaid, Concerned Superintendent  of Police have been advised to select police officers carefully for following legal and procedural aspects as per Criminal Procedure Code and MV Act.
Section 185 of MV Act contains penal provisions for driving by a drunken person or by a person under the influence of drugs.
Whenever any suspected case of drunken driving is committed in presence of a police officer, Police officer has to detain the vehicle along with the driver/rider and  put him to “breath analyser test”.
If alcohol contents exceeds 30 mg. per 100 ml. of blood or the drug consumed makes him incapable of exercising proper control over the vehicle, the person concerned shall be arrested.
Arrest Memo shall be prepared by the officer in accordance with legal provisions enshrined under Cr.P.C.
Within 2 hours of arrest, the arrestee shall be subjected to medical test by a registered medical practitioner for the purpose of collection of specimen of his blood.
Where the arrestee required to provide blood specimen is a female, the specimen shall be taken by a female medical practitioner only or in presence of a female, whether a medical practitioner or not.
While arresting the offender, the police officer shall take appropriate steps for temporary disposal of the vehicle.
The offender will be arrested on detection of alcohol beyond 30mg. per 100ml. blood. If the arrestee does not furnish required surety/security for bail, he shall be forwarded to the jurisdictional court along with the “Prosecution Report” with signature of 2 witnesses.
Sincere effort must be made to ascertain the correct identity and address/ cell number of the offender. CCTV footages of toll gates recording the checking may be retrieved and produced before the court during trial, if required.
Police officers have been instructed to facilitate shifting of stranded passengers of detained vehicles by alternative modes of conveyance. They have been advised to show due courtesy to elderly persons, women, children of such detained vehicles.
Police officers have been strictly instructed to check only drivers suspected of drinking.

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