cpc

85(1) filed by police for drinking in a roadside restaurant


Thanks for your reply at this hard time sir. I have honestly mentioned that I was in the place and intended to drink, even if did nt start by that time. But didn't misbehave or misconducted at the place where I was caught and through out. But I also don't have any proof as I was alone with others caught not known to me.
 
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Thank you Sir. My lawyer said me he got bail on first day which was this Monday. And the next hearing is on February. He said I am not required to visit the court on this hearing. However, I ll try to attend this one and as many in future. Rest is in hand of God/ court, my lawyer and police I believe.
 
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Retired employee.

If possible get CCTV footages if available.

 
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Advocate

Bombay prohitbition act section 85 PENALTY FOR BEING DRUNK AND FOR DISORDERLY BEHAVIOUR;

2[(1) Whoever, in any street or thoroughfare or public place or in any place to which the public have or are permitted to have access, behaves in a disorderly manner under the influence of drink shall, on conviction, be punished,-

(a) for a first offence, with rigorous imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees;

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees; and

(b) for a subsequent offence, with rigorous imprisonment for a term which may extend to one year and also with a fine of one thousand rupees:

Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the Judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees.]

3[(2) In prosecution for an offence under sub-section (1), it shall be presumed until the contrary is proved that the person accused of the said offence has drunk liquor or consumed any other intoxicant for the purpose of being intoxicated and not for a medicinal purpose.]

 

You may first deny the allegations and challenge the case before trial court and try to get acquitted through an expert lawyer.

 

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Pune Maharashtra

Police did the check up in hospital and doctor said no consumption of alcohol

 

 

INTROSPECT ON THIS:
1. You are NOT eligible /entitled to be punished for the offence for which Police filed matter in the court, more so specifically since the Doctor has certified that "no alcohol in your breath /blood"Doctor's certificate is legally conclusive & irrefutable, in such matter.

2. Being present in any public accessable place is "No Offence". BUT being under influence of alcohol & conducting improper behavior would be a prosecutable offence.

3. By virtue of above, Alcohol was not detected in your breath /blood, HENCE offence u/s 85 CANNOT be legally enforceable.

4. CONCLUSION:  Obtain "certified copy" of the said Doctor's report, and file "quashing application" in the High Court, wherein you will get 100% success.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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