Justice Gaurang Kanth said that procedure laid out under the CAR to rule out the possibility of false positives to the maximum extent and creating infrastructure for blood and urine test will add to airlines’ operational costs and burden them unnecessarily.
“Thus, in view of this Court, considering the infeasibility and impracticality of conducting blood and urine tests at Airport by operators, CAR does not anywhere put an obligation upon operator to conduct blood and urine test and that is why it only talks about BA Tests. In fact, in the incidents of accidents also, the duty is not of the operator to conduct blood and urine tests, but the duty is imposed upon the Officer-in-Charge of Airport to conduct these tests. With regard to the aspect of false positive, CAR already has laid down procedure so as to eliminate the possibility of false positives,” the Court said.
Source: Barandbench
