Mumbai: Man acquitted of drunk driving as alcohol level low, but gets convicted for negligence

MUMBAI: Even as a magistrate's court acquitted a 35-year-old Walkeshwar man on charges of drunk driving after finding that his blood alcohol levels were only 13mg, much lower than the permissible limit of 30mg, he was sentenced to six months imprisonment for rash and negligent driving.
The accident caused grievous hurt and endangered life or personal safety of others, as he jumped a signal and rammed into another vehicle on Hughes Road in 2021, leaving an occupant with debilitating injuries as their car turtled.
"...signal was off, inspite of that, the accused tried to cross the road in a high speed which resulted in the accident. It is certainly rash as well as negligent act," said metropolitan magistrate Nadeem A Patel while finding accused Kaushal Shah guilty on Wednesday.
The magistrate also said due to such irresponsible behaviour of drivers, many people are losing their life in road accidents. "Therefore, in such circumstances, if accused is released on good behaviour bond or fine only, it will be unjust for the victim and also send wrong signal in the society. The rash and negligent driving cannot be taken lightly otherwise it will adversely affect the society. Thus, sentence coupled with fine will meet the ends of justice," said the magistrate.
The magistrate also pointed out that injuries caused to the victim were grievous in nature. "Even after two years of accident, he was not able to work properly. This shows the damaged caused due to accident in victim's life. It is a fact that the age of the accused is 35 years. He is a grown up man. Therefore, such type of irresponsible behaviour was certainly not expected from him," said the magistrate. Shah was also fined Rs 2,000.
Seeking leniency, Shah submitted that he has been using public transport nowadays. He also submitted that he tried to stop the vehicle but he couldn't. Acquitting Shah on charges of driunk driving under the Motor Vehicles Act, the magistrate said, "Prosecution has fail to prove beyond reasonable doubt that the accused was driving the vehicle under the influence of alcohol on the basis of the CA (Chemical Analysis) report." The victim's wife, driver of the car that turtled, deposed in court and said that on June 18, 2021, the incident occurred when accompanied by a friend, they were on their way to a hotel at Nariman Point. She said her car spun three times and overturned. The woman said while she escaped with scratches, her husband had to undergo a surgery because his left ankle was broken with 22 bone fractures. She said he was left bed ridden for six months.