1[129A. Power to
require
persons to
submit to
medical
examination,
etc.-
(1) Where in the investigation of any offence under this Act, any
Prohibition Officer, duly empowered in this behalf by the State Government or any
Police Officer has reasonable ground for believing that a person has consumed an
intoxicant and that for the purpose of establishing that he has consumed an intoxicant
or for the procuring of evidence thereof it is necessary that his body be medically
examined, or that his blood be collected for being tested for determining the
percentage of alcohol therein, such Prohibition Officer or Police Officer may produce
such person before a registered medical practitioner (authorised by general or special
order by the State Government in this behalf) for the purpose of such medical
examination or collection of blood, and request such registered medical practitioner
to furnish a certificate on his finding whether such person has consumed any
intoxicant and to forward the blood collected by him for test to the Chemical Examiner
or Assistant Chemical Examiner to Government, or to such other Officer as the
State Government may appoint in this behalf.
(2) The registered medical practitioner before whom such person has been produced shall examine such person and collect and forward in the manner prescribed the blood of such person, and furnish to the Officer by whom such person has been produced, a certificate in the prescribed form containing the result of his examination. The Chemical Examiner or Assistant Chemical Examiner to Government, or other Officer appointed under sub-section (1) shall certify the result of the test of the blood, forwarded to him, stating therein in the prescribed form, the percentage of alcohol and such other particulars as may be necessary or relevant.
(3) If any person offers resistance to his production before a registered medical practitioner under sub-section (1) or on his production before such practitioner to the examination of his body or to the collection of his blood, it shall be lawful to use all means reasonably necessary to secure the production of such person or the examination of his body or the collection of blood necessary for the test.
(4) If the person produced is a female, such examination shall be carried out by, and the blood shall be collected by or under the supervision of, a female registered medical practitioner authorised by general or special order, by the State Government in this behalf, and any examination of the body, or collection of blood, of such female shall be carried out or made with strict regard to decency.
(5) Resistance to production before a registered medical practitioner as aforesaid, or to the examination of the body under this section or to the collection of blood as aforesaid, shall be deemed to be an offence under section 186 of the Indian Penal Code (XLV of 1860).
(6) Any expenditure incurred for the purpose of enforcing the provisions of this section including any fees payable to a registered medical practitioner or the Officer appointed under sub-section (1) shall be defrayed out of moneys provided by the State Legislature.
(7) If any Prohibition Officer or Police Officer, vexatiously and unreasonably proceeds under sub-section (1) he shall, on conviction, be punished with fine which may extent to five hundred rupees.
(8) Nothing in this section shall preclude the fact that the person accused of an offence has consumed an intoxicant from being proved otherwise than in accordance with the provisions of this section.
(2) The registered medical practitioner before whom such person has been produced shall examine such person and collect and forward in the manner prescribed the blood of such person, and furnish to the Officer by whom such person has been produced, a certificate in the prescribed form containing the result of his examination. The Chemical Examiner or Assistant Chemical Examiner to Government, or other Officer appointed under sub-section (1) shall certify the result of the test of the blood, forwarded to him, stating therein in the prescribed form, the percentage of alcohol and such other particulars as may be necessary or relevant.
(3) If any person offers resistance to his production before a registered medical practitioner under sub-section (1) or on his production before such practitioner to the examination of his body or to the collection of his blood, it shall be lawful to use all means reasonably necessary to secure the production of such person or the examination of his body or the collection of blood necessary for the test.
(4) If the person produced is a female, such examination shall be carried out by, and the blood shall be collected by or under the supervision of, a female registered medical practitioner authorised by general or special order, by the State Government in this behalf, and any examination of the body, or collection of blood, of such female shall be carried out or made with strict regard to decency.
(5) Resistance to production before a registered medical practitioner as aforesaid, or to the examination of the body under this section or to the collection of blood as aforesaid, shall be deemed to be an offence under section 186 of the Indian Penal Code (XLV of 1860).
(6) Any expenditure incurred for the purpose of enforcing the provisions of this section including any fees payable to a registered medical practitioner or the Officer appointed under sub-section (1) shall be defrayed out of moneys provided by the State Legislature.
(7) If any Prohibition Officer or Police Officer, vexatiously and unreasonably proceeds under sub-section (1) he shall, on conviction, be punished with fine which may extent to five hundred rupees.
(8) Nothing in this section shall preclude the fact that the person accused of an offence has consumed an intoxicant from being proved otherwise than in accordance with the provisions of this section.
1 Sections 129A and 129B were inserted by Bom. 12 of 1959, s. 16.