185 MV act


is it mandatory to arrest the Driver of the vehicle during the checking 185 of MV act..?
 
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Arrest is not mandatory, but depends upon the circumstances and the discretion of the police, per Hon' Supreme Court.
 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Whoever, while driving, or attempting to drive, a motor vehicle,--

(a) has, in his blood, alcohol in any quantity, howsoever small the quantity may be, or

(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

 
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