"Considering the menace of drunken driving by drivers on Delhi roads and causing fatal accidents regularly, this court is of the considered view that appellant has rightly been sentenced to pay a fine of Rs 2,000 and undergo imprisonment for five days for offences under provisions of Motor Vehicle Act," Additional Sessions Judge Raj Kumar Tripathi said.
Dismissing the appeal of Uttarakhand resident Mohd Salim, the court said that it is of the considered view that the judgement and order on sentence passed by magisterial court does not call for any interference.
His vehicle was impounded and challan was issued by the police under provisions of Motor Vehicle Act.
The magisterial court had on December 24, 2014, found him guilty of offences under various provisions of Motor Vehicle Act and awarded him five days jail term and fine of Rs 2000.
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In his appeal against the trial court order, Salim had contended that police officials did not have any certificate of correctness or functionality of alcometer by which his breath was analysed.
"From the oral testimony of the police officials coupled with the report of alcohol monitored by alcometer, this court does not have any reason to believe that appellant was not in a drunken position at the time he was caught," the court said.
It said that there is no provision under law that police officials will have to carry a correctness or functionality certificate of alcometer while checking any person.
The court said that there is no reason to disbelieve the testimony of police officials and there is no reason as to why they will issue wrong challan against the appellant without any motive.