|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