Power to require person to submit to medical examination, etc

Power to compel medical examination on suspected intoxication. (1) Where in the investigation of an offence under this Act, any Prohibition Officer duly empowered in this behalf by the State Government or any Police Officer, not below the rank of a Head Constable 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 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 the 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 lady 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. (6) In trials under this Act, it may be presumed unless and until the contrary is proved, that the accused has committed an offence under clause (b) of section 59, if he, having been produced before a registered medical Practitioner, under this section, had resisted or had refused to allow himself to be examined by such registered medical practitioner. (7) 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. (8) If any Prohibition Officer or Police Officer vexatiously and unreasonably proceeds under sub-section (1), he shall, on conviction, be punished with imprisonment which may extend to six months or with fine which may extend to five hundred rupees, or with both. (9) 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.