“It raises a question mark on authenticity and genuineness of readings procured from the alcometer in the absence of production of any certificate of accuracy of reading carried out by it, particularly when its functionality was not at all established by the investigating agency,” the judge said.
The court said that the report filed by the police did not even carry the signature of the challaning officer and the person to whom it pertained, hence, the magistrate should not have convicted the accused.
“Once the genuineness and authenticity of this very document had fallen in grave suspicion and a question mark has been raised in respect thereof, then the Magistrate, in my considered opinion, was not justified to have relied upon such a false and fabricated document against the appellant (auto driver),” the judge said.
