Nalinda Kumara v. Officer-in-Charge Traffic Police Kandy and Another – sllr 2007 volume 1 page 332

In the case between Nalinda Kumara and Officer-in-Charge Traffic Police Kandy and Another, the court addressed the issue of whether the procedures for conducting a breathalyzer test were followed according to I.G. Circular No. 697/87, and if sufficient evidence supported a conviction under the Motor Traffic Act for driving under the influence. It was held that the required testing procedure had not been properly observed, and the crucial statutory element of a minimum blood alcohol concentration was not proven. This reaffirmed the principle that strict compliance with statutory procedures is required for valid breathalyzer results under the Motor Traffic Act. The decision drew upon the provisions of section 151(1)B and emphasized that procedural irregularities undermine the evidential valu