External examination not enough to establish intoxication: Allahabad HC

Prayagraj, Dec 13

The Allahabad High Court has observed that mere external examination of a person is not sufficient proof to establish that he or she is in an intoxicated condition.

The court emphasized the need for blood and urine tests to conclusively determine intoxication.

While allowing a writ petition filed by police constable Jai Mangal Ram, who was dismissed for alleged inappropriate behaviour while he was intoxicated on duty in 2017, a division bench comprising Justice Saumitra Dayal Singh and Justice Anish Kumar Gupta on Tuesday ordered to reinstate the constable.

“In the instant case, the petitioner herein was taken to the medical officer who only externally examined the petitioner and having found the smell of alcohol concluded that the petitioner herein had consumed alcohol. Therefore, mere external examination is not sufficient proof to hold a person guilty of consuming alcohol and it cannot be concluded that he was in an intoxicated condition,” the court added.

The petitioner was working as a constable in the police lines, Varanasi district at the time.

After going through the entire departmental inquiry, the court said in its decision passed, “We are of the considered opinion that no charge of misbehaviour with seniors/colleagues due to intoxication was proved against the petitioner during inquiry as no urine or blood test of the petitioner herein was conducted. Since the punishment order had been passed in violation of the statutory rules and the principles of natural justice, it is rendered null and void.”