According to the Bombay High Court, the prosecution has failed to prove beyond reasonable doubt whether Salman Khan was drunk or not and also whether he was behind the wheels on the night of 28th September 2002 when his car mowed down one and injured four others.

According to Justice A R Joshi it was difficult to rely solely on the testimony of Ravindra Patil, the police bodyguard who was assigned to Salman as Patil did not mention anything about Salman being drunk in a statement recorded hours after the accident but but confessed to this only on October 1, 2002, after the blood sample tests reports were received.

"Because of anomalies and discrepancies in his statement, Patil cannot be called 'wholly reliable' as he improved upon this statement from recording of FIR to his supplementary statement (on October 1, 2002) in magistrate's court." Justice Joshi said.

Joshi further added, "This court has come to the conclusion, that the prosecution has failed to bring material on record to establish beyond reasonable doubt that the appellant-accused (Salman) was driving (the vehicle) and driving under influence of alcohol, and also, whether the accident occurred due to bursting (of tyre) prior to the incident or tyre burst after the incident."