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SALMAN KHAN’S LAWYER ALSO QUESTIONED THE CHEMICAL ANALYSER’S REPORT ON THE GROUND THAT THERE WERE PROCEDURAL LAPSES AND SAID THAT IT SHOULD NOT BE ADMISSIBLE AS EVIDENCE. THE TRIAL COURT HAD WRONGLY CONSIDERED THIS REPORT AND THE CONVICTION ON THIS COUNT SHOULD BE SET ASIDE, HE ARGUED
Bollywood actor Salman Khan’s lawyer today argued in the Bombay High Court that in accident cases, there is no legal provision to draw blood from the accused to detect the presence of alcohol unless there is evidence to show that it was required for the purpose.

The argument was advanced by Amit Desai, who represents the actor in his appeal against a five-year jail sentence awarded on May 6 by a sessions court for ramming his car into a shop in suburban Bandra, killing one person and injuring four, who were sleeping outside on pavement on September 28, 2002.

The trial court had also held that the actor was under the influence of liquor when the mishap occurred. Mr Khan has challenged his conviction in the high court, which granted him bail and is currently hearing his appeal.

“Only one witness, who was injured in the mishap and lying underneath the car involved in mishap, had said that Mr Khan appeared to be drunk and could not stand on his legs,” said the lawyer.(Also Read: Salman Khan’s Lawyer Questions Blood Test Done by Police)

Except for this and the chemical analyser’s report, which said the actor’s blood had tested positive for alcohol, there is no other evidence to show that Mr Khan was under the influence of liquor, Mr Desai argued.

He also questioned the chemical analyser’s report on the ground that there were procedural lapses and said that it should not be admissible as evidence. The trial court had wrongly considered this report and the conviction on this count should be set aside, he argued.

The prosecution has not examined any witnesses from Bhabha hospital or those present at the site to support its theory that Mr Khan had taken drinks before ramming his car into the shop on the day, the lawyer further said. (Also Read: Not Proved Actor Was Drunk, Argues Salman’s Defence)